Landlord keeping deposit, never moved in, house dirty, husband signed lease (tenant, rental)
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I have a complicated situation. Recently we have been looking for a bigger home to rent. We found one that we liked but was dirty. Landlord said the Home would be deep cleaned upon move in date. I filled out half of the check, which my husband gave to the landlord. I never signed the lease, but my husband did. Then my husband sends me videos of how disgusting the house still is. No cleaning whatsoever was done to the home, and the landlord refused to have someone come clean it because, “he already paid someone to do it”. I told my husband to leave and that we would find a different home. The landlord finishes filling out the check and even crosses out the name “bob” which is supposedly his name, and writes his business name on the check, and signs my initials above the correction, and cashed the check. The bank account is in my name only, I did not sign the lease, and he forged my initials. He says he can keep the deposit. I know that my husband signed the lease and that is a legally binding contract, but he is losing one day of the house being listed, so would I stand a chance in court? I gave him $100 to compensate him for removing the listing for a day, but he still refusing to return the deposit. Again, my husband is not on my bank account and I did not sign the lease. . Is there anything I can do?
Last edited by Flutterok; 12-21-2017 at 08:40 PM..
Forget when the house was listed. Your husband owes rent for the full duration of the lease or until a new tenant moves in.
Sadly this is spot on. 1 day is nothing you guys get to pay for the duration or the lease because you signed the contract.
You will 99.9999% of the time get what you see so if the place is filthy then don't expect it any other way. Would have been a hell of a lot cheaper for you to just hire cleaners than what you are going to have the pleasure of learning the hard way now.
He does not get to just keep the deposit though. He still has to follow all state laws on deposits including the timeframe. You may be able to fight him if he does something wrong on those terms but I wouldn't preempt him on this unless you must, AZ requires tenants make a demand for the deposit before the timeframe begins for example.
Also some states have funky ways of getting out of a lease, ie. in AZ if a single line is not filled in then the entire lease is invalid.
As for the check stuff that is between you and the bank to handle, report it for the fraud it is.
Forget when the house was listed. Your husband owes rent for the full duration of the lease or until a new tenant moves in.
Is this true of the lease reads that the husband and wife are tenants? All parties did not sign the lease therefore it's not a fully ratified contract?
OP can check with a lawyer, but my opinion is that the husband is on the hook for the duration of the lease, or for whatever the lease break fee is. Which basically means that so is the wife because it is family money paying the rent.
Also my opinion, but I think that getting out of a lease for no more than the deposit money is pretty darn cheap.... the landlord did agree to let you out of the lease, I hope. Otherwise, your costs have not ended.
Changing the payee into his business name is not going to be considered fraud as long as he didn't change the amount. OP did write the check and give it to him, after all.
For others reading this, if you are in an area where housing is hard to come by and the only rental you can find that you like is filthy, you have to decide if you want the house badly enough to scrub it clean by yourself. If a landlord is showing the property dirty, he is not going to clean it, no matter what he promises. Also, if a landlord shows a property dirty, he is not going to be good about maintenance. Do you want to do maintenance yourself in order to get a house you like in a tight market?
If you don't want to clean or unplug your own toilet, move on and keep looking.
Changing the payee into his business name is not going to be considered fraud as long as he didn't change the amount. OP did write the check and give it to him, after all.
IMO, the fraudulent act was forging her initials.
I'm not familiar with contract law but it seems to me that for a contract to be valid and enforceable that all parties to the contract must have signed the contract.
These might be loopholes to get OP free and clear of any obligations. OP, i suggest at least a consult with an attorney familiar with landlord tenant laws in your locale.
Is this true of the lease reads that the husband and wife are tenants? All parties did not sign the lease therefore it's not a fully ratified contract?
2014 Oklahoma Statutes
Title 16. Conveyances
§16-4. Necessity of writing and signing - Veterans' loans - Homestead - Joinder of husband and wife - Effect of record for 10 years.
I looked this up & am hoping it applies to my situation. Thank you for the insight. I am going to open an investigation at my bank. They informed me that because he signed my initials, the total amount will be refunded in a couple of days, and then he will have to take me to court instead if he wants to pursue it further.
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