Maybe some of you guys can answer this question for me. I have been renting a townhouse for a number months. Signed a lease, ect, ect. No problem. Now since signing the lease I decided to take another renter into the townhouse. A friend of a friend type of thing. This renter, we'll call her Crazy Bitch, has had 0 contact with the owners of the home. I pay the rent, I'm on the lease, I paid the security deposit. When she moved in she gave me a security deposit for her half of the rent. I didn't make her sign the lease or any lease. She didn't receive a receipt for her deposit. On June 4th she informed me that she plans to move out, whatever...that's fine. I told her because she didn't give me notice before the start of the month, she was too late to move out for July 1st. Fairly standard procedure, she can't believe it though. I told her she will have to remain here until August, or lose her deposit. She went nuts. It was actually pretty funny.
So where are chips gonna fall? She's not on the lease, so I suppose the handshake/common courtesy one full month's notice doesn't legally apply...but her deposit isn't documented either. I do not plan on returning it to her should she not pay her July rent. What do you guys think?
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haha. She owns the rabbit, actually it's a little dog...but it's good leverage. I suppose we can make each other's lives miserable...and yes it is worth it. I already knocked her rent down $200 this month because she was strapped and I'm a nice guy. It's put me in a less than favourable financial position. I don't want to take another hit.
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I am fairly certain you can't "rent" a property you dont own and your lease may even stipulate you cannot, so any "rules" you made probably won't hold up. You cannot dictate to her when she can leave because you are not in a position of renting the property.
That being said, any money she gave you probably wasn't documented and there is no formal agreement so not much really stops her from walking away whenever and you keeping the money she gave you.
If she pursues anything with your landlord you could be in a good amount of trouble though.
You are SOL then. Nothing in writing, nothing to uphold.
This is completely incorrect. There are very few instances where a contract must be in writing (most classic example is the sale of land pursuant to the Statute of Frauds.) I can't tell you much more than that though because I don't practice landlord-tenant or contract law.
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Hey OP. Don't be a d-bag. At least "Crazy Bitch" is in fact moving out. If I was you I would buy some beer and help her pack. Hand her the money once the last box is out and in a vehicle and she is stepping out your door.
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Last edited by Traditional_Ale; 06-07-2012 at 11:35 PM.
Reason: Buckcherry would be proud.
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haha. She owns the rabbit, actually it's a little dog...but it's good leverage. I suppose we can make each other's lives miserable...and yes it is worth it. I already knocked her rent down $200 this month because she was strapped and I'm a nice guy. It's put me in a less than favourable financial position. I don't want to take another hit.
I don't think using Crazy Bitch's little doggie for leverage is a good idea. At all. Sounds to me like you are setting yourself up for one seriously bad Canada Day if you do that.
You don't want to end up on the cover of the Sun, do you?
Be reasonable, man! Keep the $200 bucks she owes you on this months rent and give her the rest back. You won't be taking another hit because that's her money anyway. Because she was 4 days late doesn't mean its your money.
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A friend of a friend type of thing. This renter, we'll call her Crazy Bitch
Had to stop there and laugh for a bit
Seriously though, it's not like you would have a vastly better chance of renting the space with 6 more days notice and you don't have much of a contract (verbal). Probably best to just refund the deposit, as long as June is paid, and move on. Crazy bitch is likely to do more damage than the deposit on the way out if you stick to your guns. It's not easy trying to clean spray paint off the side of your car.
It's only 4 days into June... Why not just be reasonable? Look at it from her point of view as well, she had no formal documents stating that she had to give you a full months notice.
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I think the deposit's on you, you shouldn't have asked for a deposit in the first place. What did you think you owned the place to begin with? You signed the lease. Just give her the money back and save your balls and third leg.
I believe that there are de facto rules relating to tenancy that come into play when there is no written rental agreement.
Exactly; the landlord tenant act still applies even thought he agreement isn't written out. So because notice was given on the 4th then yeah technically the notice would be for the end of July not the end of June.
On the other hand since she hasn't received a written copy of the rental agreement you guys have (just a verbal one), legally she can refuse to pay rent entirely.
So really it's not worth the hassle, just accept the notice and get a better roommate faster.
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I dont know the "legal" ramifications but I would take the $200 off the deposit and just give it back to her. She sounds like a real winner and it would be best just to cut ties with her and consider it a learning moment in life, never under any circumstances get into a financial arrangement with friends, or a friend of a friend. It only ends badly unless both are int he same financial position and of the same financial mind.
Ideally you would keep it because its likely she has been a complete b!tch to deal with with and giving you less than a months notice is classic of a user who has no respect for anyone but themselves and expects everyone else to "help" them out.
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