Landlord claims that I'm trespassing and is threating police action (2013, lease) - Kansas (KS) - City-Data Forum

smokngunslinger · 10-31-2013, 09:26 AM

In mid August of 2013, I met with the landlord, gave him a couple of hundred bucks. No lease was drawn up. I told him I'd be moving in within the next week or so but didn't actually move in until a couple weeks ago. At the time that he agreed to let me move in, he gave me the keys and permission to get all the utilities turned on in my name which I promptly did. After not speaking to him for 40 days or so, he found out yesterday that I just moved in. Now he claims that I'm trespassing and is threatening police action unless I come up with $400 by 3pm this afternoon. Originally he wanted $700. I've asked him to work with me. I'm broke at the moment but I have a promising, well paying job on the horizon. I told him that I've gone to churches for support and they are willing to help but he isn't interested in that avenue. Please advise. Thanks!

Okey Dokie · 10-31-2013, 09:55 AM

What was the $200.00 for? Do you have a receipt?

It is unreasonable to expect a landlord to allow you to move in without payment of rent, even if you have a great job "on the horizon."

smokngunslinger · 10-31-2013, 10:03 AM

The $200 was to move in mid August. Yes, it was unreasonable for me to wait 40 days before actually moving in. I have the receipt for the $200 met mid August. Again, no lease was drawn up. He gave me the keys and allowed me to turn on my utilities. I just need time to relocate really and don't want to go to jail in the mean time.....

smokngunslinger · 10-31-2013, 10:04 AM

Or lose all my belongings in the process if I am in fact trespassing.

MissNM · 10-31-2013, 10:06 AM

If I were you, I'd cut your losses and move out now.

If not, he cannot just throw you out. Google tenants rights in your city.

If he proceeds with a lawsuit, it is likely you will owe from the time you received the keys. How much? Who knows. The reality is, you have no money and no job. He has a place to rent and isn't receiving income.

smokngunslinger · 10-31-2013, 10:12 AM

I agree 100% and thanks for the advice. If he contacts the police, I just don't want to be arrested and I'm willing to cut my losses. A few days would give me time to save some precious cargo. I'm googling tenant rights as we speak.

MisfitBanana · 10-31-2013, 10:46 AM

Ummm, hold on. Do tenant rights exist in this case?

OP, you said "nothing was drawn up" and you also said that the $200.00 you paid was based on you moving in in mid-August. It's now the end of October. You forfeited your right to move in mid-August when you didn't move in as planned, and you didn't even have correspondence with him between then and now. And you have nothing in writing. Basically, you're not the tenant just because you had a key to a place and you decided to open the door.

EDIT: Also, you didn't pay any rent in September, and you haven't paid any rent for October, and it sounds like you won't have the money to pay for November (since you have a "job on the horizon) and November 1st is tomorrow. In other words, you're a squatter, not a renter.

katie45 · 11-03-2013, 05:38 AM

Quote:

Originally Posted by MisfitBanana

Ummm, hold on. Do tenant rights exist in this case?

OP, you said "nothing was drawn up" and you also said that the $200.00 you paid was based on you moving in in mid-August. It's now the end of October. You forfeited your right to move in mid-August when you didn't move in as planned, and you didn't even have correspondence with him between then and now. And you have nothing in writing. Basically, you're not the tenant just because you had a key to a place and you decided to open the door.

EDIT: Also, you didn't pay any rent in September, and you haven't paid any rent for October, and it sounds like you won't have the money to pay for November (since you have a "job on the horizon) and November 1st is tomorrow. In other words, you're a squatter, not a renter.

Excellent information! And, if he takes you to court, he would sue for the unpaid rent from the time you moved in until you move out. Being a LL is a business, not a free charity ward.

Harrier · 11-10-2013, 10:35 AM

You said that at the time that you gave the landlord what Harrier presumes to be a security deposit that "no lease was drawn up".

That begs the question, was a lease ever drawn up and when did it go into effect?

An oral contract will be difficult to prove in court - but that applies to the landlord as well as the tenant.

Harrier can't believe that a serious landlord would accept a tenant without a written contract, so he thinks that there is more to this story than what was presented.

Please elaborate so that you can receive some meaningful help.