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False Claims of Back Rent Owed

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Curious1701

Junior Member
What is the name of your state (only U.S. law)? Virginia

My former landlord has been making claims that I owe back rent on a room I rented in his own house almost four months ago. We never had any sort of written agreement, no deposit was made, no applications made to actually rent the room. We had no specific due date on rent, there was no late fee, and another tenant renting another room was unemployed for a time and was unable to pay rent. I have bank records that show that checks were written for any rent owed during the periods of time I was actually living in the house.

Is this something that would never really reach the level of actual legal action? Or should I consider looking for a lawyer 'just in case'?
 


Gail in Georgia

Senior Member
In the absence of a written lease, a tenant is considered to have what is often known as a "tenancy at will" i.e., a lease that lasts the same amount of time that rent is required. In other words, if rent was paid on a monthly basis, this would be a month to month lease.

Tenancy at will leases are easy to terminate with appropriate WRITTEN notice.

When you move out, did you provide any written notice to the landlord regarding terminating this lease?

Gail
 

Searchertwin

Senior Member
.
We never had any sort of written agreement, no deposit was made, no applications made to actually rent the room. We had no specific due date on rent, there was no late fee,
You can't wiggle your way out of paying back rent nor present rent using the above excuses. As stated, this becomes a "tenancy at will". Once you gave him money, it becomes a contract between the two.

another tenant renting another room was unemployed for a time and was unable to pay rent
.
And this comes into play, how? How sad for him, but none of your business.

I have bank records that show that checks were written for any rent owed during the periods of time I was actually living in the house.
If this is the time frame he is mentioning, than you have nothing to worry about.
Send him a ccr letter, with copies of monies paid during your tenancy. Plus copy of ccr letter, which I am assuming that you sent, informing him of your intent to vacate at xxxxx. Providing you did everything right in vacating, tell him to have a good day.

If he is stating a time frame that you don't have proof of paying rent, you need to send crr letter, showing the place where you did live at that time.

If you can't provide that, than more than likely, you owe for that time frame.
 
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Curious1701

Junior Member
.

You can't wiggle your way out of paying back rent nor present rent using the above excuses. As stated, this becomes a "tenancy at will". Once you gave him money, it becomes a contract between the two.

.
And this comes into play, how? How sad for him, but none of your business.


If this is the time frame he is mentioning, than you have nothing to worry about.
Send him a ccr letter, with copies of monies paid during your tenancy. Plus copy of ccr letter, which I am assuming that you sent, informing him of your intent to vacate at xxxxx. Providing you did everything right in vacating, tell him to have a good day.

If he is stating a time frame that you don't have proof of paying rent, you need to send crr letter, showing the place where you did live at that time.

If you can't provide that, than more than likely, you owe for that time frame.
One, before anything else gets said. To whom and where can I report your conduct on these forums? I am providing a complete picture of the situation from the perspective of an individual who is being slightly intimidated in his attempt to assert that he wasn't paid, and before any further action is taken I would like to know just how secure I am legally before making firm claims. YOUR attitude is offensive and unprofessional in that a lot of attitude is given to someone that simply does not need to be included DESPITE what your personal opinion is. If you cannot stick to the facts as they are, you do not have to comment.

Two, the excuses stated, combined with the way the Virginia Statutes are written to someone like myself, goes a long way towards establishing that this arrangement is VERY loose and quite possibly would not generate legal action in and of itself as there is a very distinct lack of official paperwork that can provide a clean 'check your records' method of resolving the issue one way or the other. However, not knowing of precedents in the past with regards to how binding verbal contracts are in general, I do not know how much this may result in someone in error taking myself to court where I need to spend time, and perhaps money in large amounts, to prove I have done just what I have said.

Once again. To whom and where do I report your conduct? If someone else here can do what you cannot, and respond without a heavy dose of unprofessional opinion that is antagonistic and wholly inaccurate, I will take the actions someone else suggests that you have initially come to. Lacking that, we have nothing further to discuss on these forums.
 
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Gail in Georgia

Senior Member
" yes, notice was given to him directly in written form. "

Then, with your bank records of rental payment and the documentation you provided the appropriate notice to terminate this type of tenancy, it would appear you have little to worry about.

I would not, at this time, seek additional expenses by hiring an attorney. Rather, wait to see if your former landlord decides to continuous this through the courts.

Most of these types of claims involve relatively minor amounts of money in dispute and are often handled through Small Claims (or your states version of the same); both sides typically represent themselves in these types of lawsuits. Your landlord would need to prove to the court that you owe additional rent; your evidence is that you met your rental obligations during the time you resided there and gave appropriate notice to terminate your tenancy.

Gail
 

sandyclaus

Senior Member
One, before anything else gets said. To whom and where can I report your conduct on these forums? I am providing a complete picture of the situation from the perspective of an individual who is being slightly intimidated in his attempt to assert that he wasn't paid, and before any further action is taken I would like to know just how secure I am legally before making firm claims. YOUR attitude is offensive and unprofessional in that a lot of attitude is given to someone that simply does not need to be included DESPITE what your personal opinion is. If you cannot stick to the facts as they are, you do not have to comment.

Two, the excuses stated, combined with the way the Virginia Statutes are written to someone like myself, goes a long way towards establishing that this arrangement is VERY loose and quite possibly would not generate legal action in and of itself as there is a very distinct lack of official paperwork that can provide a clean 'check your records' method of resolving the issue one way or the other. However, not knowing of precedents in the past with regards to how binding verbal contracts are in general, I do not know how much this may result in someone in error taking myself to court where I need to spend time, and perhaps money in large amounts, to prove I have done just what I have said.

Once again. To whom and where do I report your conduct? If someone else here can do what you cannot, and respond without a heavy dose of unprofessional opinion that is antagonistic and wholly inaccurate, I will take the actions someone else suggests that you have initially come to. Lacking that, we have nothing further to discuss on these forums.
I see that you reported her post, and that should be sufficient.

As for the accuracy of her response and her conduct, well, she has a very landlord-biased position in most of her responses, and she has a tendency to take the offensive, and many of us Senior Members also find her offensive as well. Just consider the source, and you will realize that she is very likely a disgruntled LL who has been screwed by a bad tenant one too many times and you will understand why she comes off like she does.
 

Curious1701

Junior Member
" yes, notice was given to him directly in written form. "

Then, with your bank records of rental payment and the documentation you provided the appropriate notice to terminate this type of tenancy, it would appear you have little to worry about.

I would not, at this time, seek additional expenses by hiring an attorney. Rather, wait to see if your former landlord decides to continuous this through the courts.

Most of these types of claims involve relatively minor amounts of money in dispute and are often handled through Small Claims (or your states version of the same); both sides typically represent themselves in these types of lawsuits. Your landlord would need to prove to the court that you owe additional rent; your evidence is that you met your rental obligations during the time you resided there and gave appropriate notice to terminate your tenancy.

Gail
Thank you for your clear and professional assessment of this situation. I won't take this as the same thing as being told from a lawyer I am hiring in this case, but I definitely have a more secure feeling that I will not have further complications. Once again, thank you.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Virginia

My former landlord has been making claims that I owe back rent on a room I rented in his own house almost four months ago. We never had any sort of written agreement, no deposit was made, no applications made to actually rent the room. We had no specific due date on rent, there was no late fee, and another tenant renting another room was unemployed for a time and was unable to pay rent. I have bank records that show that checks were written for any rent owed during the periods of time I was actually living in the house.

Is this something that would never really reach the level of actual legal action? Or should I consider looking for a lawyer 'just in case'?
If a LL is claiming you owe back rent, and if they decide to sue based on that claim, they would need proof showing that you did not pay for the rental period in question.

As long as you have evidence showing the dates of your tenancy, a copy of your dated letter terminating your tenancy, and proof of rent payment in full during the tenancy, the LLs claims will not be substantiated in court.

Basically, a LL can say what they want, but it doesn't mean you have to listen nor act upon it. If and when they take you to court over this, present your proof and be done with it. Until then, as long as you are sure you don't owe what they are demanding, you should just ignore them. (And don't bother with hiring an attorney at this point, unless you have the extra money lying around to spend on it.)
 

Banned_Princess

Senior Member
One, before anything else gets said. To whom and where can I report your conduct on these forums?
Are you serious? I don't see one thing wrong with her conduct. she was right and to the point. don't be a jerk because you don't like the answer you received. and since you evidently reported the post, and it was returned, then we all agree there was nothing wrong with her answer or attitude.



I am providing a complete picture of the situation from the perspective of an individual who is being slightly intimidated in his attempt to assert that he wasn't paid, and before any further action is taken I would like to know just how secure I am legally before making firm claims.
if you have proof you paid all of the rent, and proof you properly notified of departure, ignore this LL until he sues you.


YOUR attitude is offensive and unprofessional in that a lot of attitude is given to someone that simply does not need to be included DESPITE what your personal opinion is. If you cannot stick to the facts as they are, you do not have to comment.

you are out of your mind. there was not one offensive thing about that post. you are too sensitive. are you a kid or something? far from mature, that is obvious. And our personal opinions is basically what you are here for. don't like it? collect your refund at the door.


Two, the excuses stated, combined with the way the Virginia Statutes are written to someone like myself, goes a long way towards establishing that this arrangement is VERY loose and quite possibly would not generate legal action in and of itself as there is a very distinct lack of official paperwork that can provide a clean 'check your records' method of resolving the issue one way or the other. However, not knowing of precedents in the past with regards to how binding verbal contracts are in general, I do not know how much this may result in someone in error taking myself to court where I need to spend time, and perhaps money in large amounts, to prove I have done just what I have said.
you are trying to sound smart. yes the LL can sue you. for any amount he chooses. its up to him to prove it, but if I were you I would come prepared to prove your side.


Once again. To whom and where do I report your conduct?
you did, and were denied. her conduct was formal professional and correct. once again, grow a thicker skin youngin.

If someone else here can do what you cannot, and respond without a heavy dose of unprofessional opinion that is antagonistic and wholly inaccurate, I will take the actions someone else suggests that you have initially come to.
oh you will, will you? ooooooooh we are soooo scared. :eek:


Lacking that, we have nothing further to discuss on these forums.
good day to you then.
 

Searchertwin

Senior Member
Are you serious? I don't see one thing wrong with her conduct. she was right and to the point. don't be a jerk because you don't like the answer you received. and since you evidently reported the post, and it was returned, then we all agree there was nothing wrong with her answer or attitude.

you are out of your mind. there was not one offensive thing about that post. And our personal opinions is basically what you are here for. don't like it? collect your refund at the door.

you did, and were denied. her conduct was formal professional and correct. once again, grow a thicker skin youngin.
Thanks for your reply on this. I only find when op comment is a negative one, than usually I am right. They want to hear what they want to hear and if it is not, they get mad.

The other comment from a regular is mad because when I highlight her as being wrong she gets a little bitter. This was her chance from a neg remark I made a few post back to her. Which again was a true comment that I made. Most of the time, I agree with her, but sometimes she goes a little overboard, like telling op to go to LL home and demand them to do something. Good way to get hurt.

Take care
 

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