Q: Can a landlord have people in my home before my move out? Can he sue me?
My ex and I signed the lease when we moved in paid a security deposit. My ex did damage to the house that the landlord had me pay for after the ex was gone. It was a domestic violence relationship and I filed restraining order removing him from the lease. I never got another lease with just me. My son and I lived here over 6 years. The landlord always complained we were messy house keepers. Anyway, can he sue me for damages? Also is he allowed to bring people to come in and clean and repair while I am here?
A:
In most cases, a landlord will withhold a portion (or all) of the security deposit to cover damages to the property which are considered beyond normal wear and tear. If the damages are more than the amount of the security deposit, the landlord will send a bill for this additional cost to repair. Ultimately, the landlord can sue a tenant for damages. If you believe the damages were caused by your ex, you can sue your ex for this amount.
You also asked about allowing third parties access to the property. Most lease agreements include clauses which allow servicers, contractors, or representatives of the landlord to peacefully enter the property at reasonable times for various reasons which include repairs, pest control and showing the unit to potential buyers. In addition, there may be a clause which allows third parties to enter in the case of an emergency. I would suggest having an attorney review the lease to determine whether your landlord is in breach.
Wishing you the best.
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