During the four weeks that she was under no lease, she was considered an "at-will" tenant (because she accepted by moving in without the lease), instead of a tenant under a lease (term of years). At-will tenancy, means that she or them could have left after one day without notice or liability. I don't see any liability on either part for those four weeks. There is no impact on the contract dates.
She can question their irresponsibility, but the best way of recovery would be comparing her lease with their copy. If there are these discrepencies, she will have evidence to sue.
So again to make it clear:
1) There is no liability to either tenant or landlord during the 4 weeks without the lease because your daughter is considered an "at-will" tenant and could have left after one day without notice or liability. She accepted by moving in without having a lease for these four-weeks, therefore no liability.
2) The at-will tenancy does not affect the contract dates, because the lease she obtained was a new contract separate and apart from the at-will tenancy. The tenancy at will (at will tenancy) definition is
here3) The only way to recover the deposit would be to compare her lease with theirs, they should be the same. If different, I would find that suspicious and possibly sue as the landlord has a higher duty to prove the discrepency.
Hope this helps further.
Edited by lawNinvest on July 27 2006 at 6:47 AM
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