What are the legal rights of a tenant and landlord when there is no lease?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are the legal rights of a tenant and landlord when there is no lease?

We have live in a house for 4 years with no lease. Now we are moving out and landlord is making claims to adhere too and we don’t feel they are valid. Basically, the owner is asking us to re-sod his yard. For 4 years we have told him repeatedly that bugs are eating away the yard. He has already said that if we do not do the things he is asking he will not give back security deposit. So my husband is saying that if he is not going to give back our deposit we are not going to spend $1000 to re-paint back to original color as we can not afford that if he is not going to give back security.

Asked on May 29, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When there is no written lease, you are a month to month tenant on an oral lease.

You would not have to re-sod unless 1) you had specifically agreed to do so or 2) you caused damage to the lawn which exceeded normal wear and tear; similarly, you would not have to re-paint, unless you either 1) agreed or 2) caused damage beyond normal wear and tear. If you do not have to pay these expenses, the landlord may not withhold your security deposit or otherwise take those amounts out of it, and if he does, you could sue the landlord (including potentially in small claims court, where you could act as your own attorney) for its return.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption