Torrance, CA asked in Civil Litigation, Contracts and Real Estate Law for Ohio

Q: I have leased a home for 9 years, the lease expired after a year and never signed another lease. Can I be sued damages?

There have been no upgrades, maintenance etc over the nine years I have done all upkeep myself. The home will need new carpet, drywall repairs and paint.

1 Lawyer Answer

A: Unless the original signed lease specified otherwise, then when it expired, you became a month to month tenant, and either tenant or landlord can terminate that occupancy at the end of any month by giving 30 days written notice. Tenant is responsible to pay for any damages to the premises beyond ordinary wear and tear. Landlord must return the security deposit to tenant within 30 days with an itemized list of any amounts withheld. If the deposit is not enough to cover repairs, then landlord could try to collect that amount by suing tenant in small claims court, which then will determine the amount of repairs beyond ordinary wear and tear.

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