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Re: Landlord wants to show apartment -- Take 2

Posted by Mark Smith on August 26, 1999 at 11:57:17:

In Reply to: Re: Landlord wants to show apartment -- Take 2 posted by JP on August 26, 1999 at 11:20:37:

It really is very complicated. I'll assume that, under the written lease, your husband paid rent to the landlord. Then your husband moved, but you continued living there, and you paid rent to the landlord. Is this a new tenancy?

I think you would be better off contending that it is a new tenancy. If it's a month-to-month continuation of the original lease, you could be liable for the landlord's attorneys' fees. You would also most likely be obligated to give the landlord access to show the property. If you didn't give access, that would be a violation of the written lease and a basis to make you liable for any rent lost by the landlord in re-renting the property.

The fact that the landlord didn't return the security deposit to your husband when he moved out could be an indication that your tenancy is a continuation of your husband's tenancy, with the terms of the written lease carried over into your month-to-month tenancy. The landlord should return the security deposit to your husband. If the landlord didn't have to fix anything when your husband moved out, he should return the full security deposit, plus any (net) interest it may have earned. But the issue of the security deposit has no direct bearing on an eviction case. And because of the possible implication on the status of your month-to-month tenancy, it probably shouldn't be raised in an eviction case.

: Thanks for the new information. We don't intend to acknowledge the oral agreement. My husband doesn't feel it's binding. He wants to use his written agreement. Can I legally do this? Or would we be better with my oral? This brings another question. What about the original security deposit does the landlord have to give it back to me if I lose my case?

: : I went back to the original of the three threads that you are involved in, and I saw that your husband was the original tenant under a written lease that provided for showing the property during the last four months of the lease. Your husb

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