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Ending/Breaking a verbal lease?

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Sir Nir

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


I need some help and if anyone has dealt with a similar situation with a really shady landlord could help me. :(

Story: Myself and my significant other moved into this 2 bedroom apartment about a year and a half ago. We took over my friend's "oral" lease. Upon doing so, I asked the landlord to replace several appliances including the stove, refrigerator, smoke alarms, Kitchen sink, and putting closet doors on the closet again. As well as replacing fire extinguishers. He said that he would and I asked him if he would be interested in writing out a lease for us because I didn't want a month to month lease. he said he would and I would need to fill out paper work (which I did), but never heard a response from that again.

About 5 months later, my other roommate moves out because he found a better place (original lease holder). I ask again for a written lease and he said he would bring me one. It never happened. He never replaced any appliances. now we are from 5 months later to one year. Neighbors move in upstairs, it was a gentleman who has kids come over occasionally. Okay, I thought. It's going to be noisy sometimes and I didn't mind. The problem is that these children came over every couple of weeks and they were unexpectedly noisy. I asked the landlord about resolving the issue and he said he would fix it. He never did. Now, My biggest problem is that it was month to month and paid with cash. I didn't like this but, I went along with it because I had nowhere to go.

Now, fast forward to December of 2016. I withheld my rent because I sent him a letter to fix the appliances a few months ago and stating that I would be moving out January 31. He has been coming to my door asking for the rent and I told him that I would pay him when the appliances would be fixed and he said that he would, just pay half for this month and he would fix the issues. He never did it. Now, fast forward to January 15. My fiance and I have moved out of the unit with all of our belongings, and left stuff there (because it was not ours). We decided it was best if we went to my mother's house for the time being because he is obviously is not going to resolve our issue. I tried contacting him to give him his keys but was unable to (he never gave us his address). Now my question is this, what can I do? I feel like I am going to be in trouble with him. I've never had any oral lease with him but have given him money for the unit to rent out. I have taken pictures of all the damages (the mentioned appliances). Is there anything I can do? :( I feel very troubled by having a negligent landlord who didn't want anything to do with me. I have forwarded my mail as of yesterday and shut off my utilities. What can I do from here? Thanks.

edit: I should specify that I gave him the letter in person because he didn't want to give me his address.
 
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Gail in Georgia

Senior Member
" I feel like I am going to be in trouble with him."

You mean for not paying your rent in December and January?

"I've never had any oral lease with him but have given him money for the unit to rent out."

Yes you did. In the absence of a written lease you had a month to month tenancy.

Gail
 

FarmerJ

Senior Member
with out a written lease you were in a month to month oral agreement, how that works out, is you knew who to pay every month because you did indeed pay until recently. ANY and all other so called rules are out the window with the kind of agreement you were in so say the LL wanted no more pets, all he would have had to do was give you proper notice of the change, same with raising the rent , on your end of this agreement you were obligated to give proper notice to the LL ( states really do spell this out because at one time month to month oral was so common its not funny and states set laws to regulate rental homes when there is no written lease (as well as other laws pertaining to landlord and tenant obligations. ) If the units appliances did not work or were unsafe you could have called inspections long ago, if smoke alarms didn't work or didn't exist you could have called inspections long ago , you jumped the gun on this one and because of that you aren't entitled to hold back rent , you owe rent for the time you lived there that was not paid for if you had given cash Your not going to make that mistake again are you? get a checking account and use it just for rent and utility bills and car ins for your next place so you don't have to worry about a landlord having a dispute with you about cash. BTW just so you know if this former landlord were to take you to court for non payment its possible a judge may not want to hear your reasons for moving out if you didn't bring with you inspections reports ( but you no longer live there ) your county property tax desk can give you the landlords mailing address, call the county property tax desk , give them the address you were renting at and ask them for the address they send the property tax bills to , its public information and they have to tell you , then mail via certified mail those keys to that address . If the keys come back to you from post office do not re open the letter keep it sealed and stored in a safe place incase he were to take you to court then he can look like a jerk while he tells a judge why he couldn't pick up his mail ( of course you will have it with you in original envelope so the judge can see it and have the bailiff deliver it to the former LL there in court.
 

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