Burden of Proof?

[wemisshi]

I have posted before about a home I rented in Georgia.
I believe I have confused some folks because of the exchange of monies and or verbal agreements between my ex-land lady and myself.
What I need to know in a "Nut Shell" so to speak, is this:

If she broke the lease with me but did not put it in writing, and I moved, can she now take me to court and claim that I owe her money for the balance of the lease??

This is basically what my problem now boils down to, and I would really appreciate some assistance.

 

[djdj]

Let me repost some of this;

She can sue you over the balance of the rent BUTTTT you can counter claim that by showing the landlord has a duty to mitigate damages....and she didnt

She didnot advertise the house as soon as you moved out, she didnt show it, or made any attempt to rent it at the SAME RENT you are paying.

Because it is ILLEGAL to let property sit empty or to charge say 50% more rent, then sue you a few months later saying no one rented it and you are liable for the rent.

Probably all she can get is your security deposit.

NOW will you GROW UP and NEVER rent another place without a signed lease?

[Edited by djdj on 02-12-2001 at 05:28 PM]

 

[wemisshi]

Thank YOu Again,
The house was rented with a signed lease, I failed when I did not make her give me a written document breaking the lease. YES, I have learned my lesson.

Thanks.

 

[djdj]

Sorry to be so blunt.......but maybe 2/3-3/4 of all the problems on this board could have been avoided with a written lease, a written move in/out report, all correspondence sent by certified mail..

And changes to a lease, in writing, all deals in writing, all monies laid out by a tenant to fix the landlord property cause they live far away..in writing...

If the lease took effect the day after your move out, you can sue her for a refund on your security deposit..

Just think...YOU are responsible for every day the landlord loses rent untill your lease ends, so if there is no loss and she is stupid enough to sue you then you can counter sue her for your deposit...


[Edited by djdj on 02-12-2001 at 06:55 PM]