Can a landlord who loaned a car to me for free with no written agreement sue me later for compensation such as rental fees etc. ?

[markandroena]

Montana,

My landlord loaned me a vehicle she was not using for free and advised I could use it through the winter until I found one. There was no written agreement can she sue me later and charge me rental fees etc. We were excellent tenants and when she found out we were moving then tried to keep our deposit and charge me for the use of the vehicle.
Mark

 

[quincy]

Montana,

My landlord loaned me a vehicle she was not using for free and advised I could use it through the winter until I found one. There was no written agreement can she sue me later and charge me rental fees etc. We were excellent tenants and when she found out we were moving then tried to keep our deposit and charge me for the use of the vehicle.
Mark

Do you have any evidence at all of your oral agreement on the car?

The landlord cannot keep your security deposit for any reason other than costs of repairs/damages to the rental unit that go beyond normal wear and tear.

 

[adjusterjack]

Here's the Montana Security Deposit Law. Quote it in your demand letter. Sue her if she doesn't pay.

https://law.justia.com/codes/montana/2017/title-70/chapter-25/

 

[markandroena]

Do you have any evidence at all of your oral agreement on the car?

The landlord cannot keep your security deposit for any reason other than costs of repairs/damages to the rental unit that go beyond normal wear and tear.

She offered it to me over the phone to use through the winter,I was moving from Indiana to Montana and was going to move into her rental when we got there in September. I drove it 3-4 days a week to work for 4.5 months then gave it back to her. She said nothing for 6 months after until we are about to move out. During that winter I told about 4 people of our arrangement and that she loaned it to me for free. There is no email,text,voicemail that she sent me suggesting it was not free to use for the winter. I had no intention of using it that long but I did. Now she's trying to sue me for $7000 for that period of time that I drove it, suggesting a weekly rental fee that other places charge. She kept half our deposit,I am suing her and she is counter suing for the $7000 insane. We were excellent tenants never late on rent left her place immaculate when we moved.

 

[quincy]

She offered it to me over the phone to use through the winter,I was moving from Indiana to Montana and was going to move into her rental when we got there in September. I drove it 3-4 days a week to work for 4.5 months then gave it back to her. She said nothing for 6 months after until we are about to move out. During that winter I told about 4 people of our arrangement and that she loaned it to me for free. There is no email,text,voicemail that she sent me suggesting it was not free to use for the winter. I had no intention of using it that long but I did. Now she's trying to sue me for $7000 for that period of time that I drove it, suggesting a weekly rental fee that other places charge. She kept half our deposit,I am suing her and she is counter suing for the $7000 insane. We were excellent tenants never late on rent left her place immaculate when we moved.

I think you might have a better case for a return of your deposit than your landlord has for keeping the deposit money and charging you for use of the car ... but it will be up to a court to decide. The court will base it on the evidence presented so you will want your witnesses available to testify and you will want whatever you have to support the condition of the rental (photos would be nice).

Good luck.