no lease, rent due, tenant moves

[beccasmolic]

What is the name of your state (only U.S. law)? Arizona
I moved into a trailer on 5 acres in 2006. No lease was established, in fact my boyfriend's co-worker at the time said he was moving from the trailer his dad owned and we could move in. No security deposit was requested, no lease and no keys were given. We met the son, moved in and met the owner of the property about a week later. We paid rent each month (verbal was $500/mo) which included utilities. 2 years later, boyfriend lost job and we got behind on rent. Landlord told us not to worry, give him what we could. We kept getting further behind. Finally, I gave a 30 day notice and 5 days after that the landlord's wife had utilities shut off. We moved immediately. Now he's taking me to small claims court saying I owe over 7 months back rent. Can they do this. I thought this would be illegal. He could have kept us there by saying don't worry about it for years....and then want a lump sum?? Any help or suggestions. I did respond to his lawsuit and went to court today (Referred as case management conference) and requested a trial set for next month. Any suggestions or Help?What is the name of your state (only U.S. law)?

 

[sandyclaus]

I don't understand.

You owe a balance due for 7 months of rent not paid. Why would you think you wouldn't have to pay what you owe? Just because the LL kept saying "pay what you can" doesn't negate the fact that you accumulated 7 months of unpaid rent in the process.

The best way for them to get back the money you failed to pay is to seek a judgment against you for the unpaid rent. That way, if you don't pay or make a reasonable payment arrangement, the LL can take that judgment and use it to collect the money from you for up to 10 years (20, if they renew any judgment they get).

You may not have the money now, but there's a better chance you will later on. This way, the LL has a better chance of getting back what you owe. And it is in no way illegal to do it this way.

 

[beccasmolic]

What about Landlord's duty to mitigate damages?

First the LL has a duty to mitigate damages (Section 33-1305 AZ) What LL allows someone to get behind by 7 mos. (Why not make it years.....which is what would have happened had I not gave a notice). Also, something you don't realize is that my income level will only go down, not up. I am not "young". It is against the law to turn utilities off with no notice (Section33-1364 AZ) and inhumane when the temps are well over 100 degrees (the sherrif's dept told me that I actually could have them arrested). With no lease whatsoever, no keys and no 10 day and/or 5 day notice to pay rent ever given in over four years (and no keys ever given) how does he prove his case at all? Also if the county inspected this "rental" (which by the way was never listed as rental property at the county assessors office), they would most likely designate it as a slum property. The trailer was structurally unsound, developing mold and floors were collapsing. Is your opinion still the same?

 

[justalayman]

Mine is. While the LL did break the law, I see no reason to believe you didn't owe the rent he claims. Of course all you have to do to prove you don't owe the rent is whip out the receipts that show you were paid up to date.



complaining about the situation after you have already left usually doesn't mean a lot. Apparently the place was ok to live in while you were there. If there was code violations, you should have addressed them then.

 

[sandyclaus]

First the LL has a duty to mitigate damages (Section 33-1305 AZ) What LL allows someone to get behind by 7 mos. (Why not make it years.....which is what would have happened had I not gave a notice). Also, something you don't realize is that my income level will only go down, not up. I am not "young". It is against the law to turn utilities off with no notice (Section33-1364 AZ) and inhumane when the temps are well over 100 degrees (the sherrif's dept told me that I actually could have them arrested). With no lease whatsoever, no keys and no 10 day and/or 5 day notice to pay rent ever given in over four years (and no keys ever given) how does he prove his case at all? Also if the county inspected this "rental" (which by the way was never listed as rental property at the county assessors office), they would most likely designate it as a slum property. The trailer was structurally unsound, developing mold and floors were collapsing. Is your opinion still the same?

Sure is.

While it was illegal for the LL to shut off the utilities to force you to move, you didn't even mention anything about that. You didn't take issue with that, you just moved out. As you stated, you could have had them arrested for doing that, but you didn't.

If the rental unit was so terrible to live in, then why didn't you ever call the county inspectors to report it and have it inspected for safety? Instead, you lived there anyway, and short-paid your rent.

You ASKED if it was legal for them to demand the rent you didn't pay over the last 7 months and file a small claims case against you for it. I answered your question, and no, my answer has not changed.

I'm sorry if you don't like the answers, but complaining about it doesn't change them.

 

[Gail in Georgia]

"First the LL has a duty to mitigate damages (Section 33-1305 AZ) What LL allows someone to get behind by 7 mos."

Another example of "no good deed goes unpunished". A landlord is generous (or stupid) enough to attempt to work with a tenant who is unable to pay and the same tenant now attempts to blame the landlord for not kicking them out in the first place.

Also, something you don't realize is that my income level will only go down, not up. I am not "young".

Me neither but I believe I just got a few years older reading this nonsense excuse.

"It is against the law to turn utilities off with no notice (Section33-1364 AZ) and inhumane when the temps are well over 100 degrees (the sherrif's dept told me that I actually could have them arrested)."

Yes, it is. And the legal route you took with this was....????

"Also if the county inspected this "rental" (which by the way was never listed as rental property at the county assessors office), they would most likely designate it as a slum property. The trailer was structurally unsound, developing mold and floors were collapsing."

Yet this slum property was a perfectly safe and healthy environment to reside in as long as you were able to live there for free.

Gail

 

[Who's Liable?]

First the LL has a duty to mitigate damages (Section 33-1305 AZ) What LL allows someone to get behind by 7 mos. (Why not make it years.....which is what would have happened had I not gave a notice). Also, something you don't realize is that my income level will only go down, not up. I am not "young". It is against the law to turn utilities off with no notice (Section33-1364 AZ)

Why did you not report this?

and inhumane when the temps are well over 100 degrees (the sherrif's dept told me that I actually could have them arrested).

You talked to an overzealous sheriff. The worst that would happen is a judge slapping a fine to the LL and terminating the existing lease and allowing a tenant to move without legal monetary damages. The Sheriffs department are all gung-ho about arresting everybody now that 1070B was passed. If memory serves me right, the were just slapped with a 200K judgment for racial profiling of two legal persons.

With no lease whatsoever, no keys and no 10 day and/or 5 day notice to pay rent ever given in over four years (and no keys ever given) how does he prove his case at all?

Who knows, that's why you go to court.

Also if the county inspected this "rental" (which by the way was never listed as rental property at the county assessors office), they would most likely designate it as a slum property. The trailer was structurally unsound, developing mold and floors were collapsing.

You are correct that a rental property MUST be listed in order to collect rent, why did you now report this before? Why did you not repory ANY of this before?