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I'm suing my old 'landlord' and have court on the 30th.Looking for opinions, preferably from a LL that has legal knowledge about tennant/LL rights.
I found an add for an apt. on craigslist, looked at it briefly & agreed to rent it. It was a makeshift in-law unit that needed some TLC. I needed something immedately due to a DV situation. I moved in knowing that I needed to clean & paint the apartment. I gave the LL $1000 for 1st months rent & a $550 deposit. No lease. All verbal. (I know, I know!)
Anywho - after I cleaned & painted - I brought my Dad with me to help move it. He REFUSED to allow me to live there. The unit had a gas stove which sat on a carpeted kitchen. The fire alarm was broken. The fridge had not been replaced (also broken) .. the LL agreed to "look around for a new one" when I originally came to view the unit. The heater was broken. He provided me with a small space heater (which was also broken). Also, some of the outlets did not work. On top of that, I learned that he was keeping the garage full of misc. garbage & chemics as his hobby was coverting old diesel cars into bio-fuel. The gargage was directly underneath my fire alarm-less apt. For those reasons as well as a few others I did not move into the apt. He refuses to return my $1550 to me so I have sued him.
IMO it seems like an easy win. He can't charge rent for something that is illegal & unsafe to rent in the first place (so I've been told). He also did NOT send me anything w/in three weeks detailing why he would withhold anything from my deposit (which I've been told automatically entitles me to legally receive all of it back). Is this true? I sent him a certified demand letter which he refused to sign for, make several calls etc etc. I also took plenty of pictures showing the above listed problems.
Is there *any* was he could win this case? And if so, on what grounds?
I'm suing my old 'landlord' and have court on the 30th.Looking for opinions, preferably from a LL that has legal knowledge about tennant/LL rights.
I found an add for an apt. on craigslist, looked at it briefly & agreed to rent it. It was a makeshift in-law unit that needed some TLC. I needed something immedately due to a DV situation. I moved in knowing that I needed to clean & paint the apartment. I gave the LL $1000 for 1st months rent & a $550 deposit. No lease. All verbal. (I know, I know!)
Anywho - after I cleaned & painted - I brought my Dad with me to help move it. He REFUSED to allow me to live there. The unit had a gas stove which sat on a carpeted kitchen. The fire alarm was broken. The fridge had not been replaced (also broken) .. the LL agreed to "look around for a new one" when I originally came to view the unit. The heater was broken. He provided me with a small space heater (which was also broken). Also, some of the outlets did not work. On top of that, I learned that he was keeping the garage full of misc. garbage & chemics as his hobby was coverting old diesel cars into bio-fuel. The gargage was directly underneath my fire alarm-less apt. For those reasons as well as a few others I did not move into the apt. He refuses to return my $1550 to me so I have sued him.
IMO it seems like an easy win. He can't charge rent for something that is illegal & unsafe to rent in the first place (so I've been told). He also did NOT send me anything w/in three weeks detailing why he would withhold anything from my deposit (which I've been told automatically entitles me to legally receive all of it back). Is this true? I sent him a certified demand letter which he refused to sign for, make several calls etc etc. I also took plenty of pictures showing the above listed problems.
Is there *any* was he could win this case? And if so, on what grounds?
Thanks for your time!
Everyone I know who owns property and rents it says that tenants have unbelievable rights. And these are the consciencious (not slumlords) ones. Don't have a specific reference for you but I'd bet a Google search in your area for an attorney who specializes in rental law / rentor rights would prove to be a wise move for you.
I have two cancelled checks where I wrote in each memo line Rent & Deposit I also have the original listed add from Craigslist. I didn't ask in my complaint for a refund in the $ I spent on painting/cleaing supplies etc. That was *MY* choice & take responsibility for that - he shouldn't have to repay me when I knew going in what that I was going to clean & paint. But, I do have receipts/cc statements showing I spent about $300.
The laws in each state differ, but it sounds like you will be fine. Take the demand letter, pictures, canceled checks, advertisement, etc. all with you to court. I would also take the painting supplies receipts. You may not get reimbursed for those, but I would still take them. Even though you did not have a written lease, you had a verbal contract. His acceptance and cashing of your check will be proof of it.
Dress nicely, keep a calm demeanor in court, practice your explanation. Know your dates and times (4x6 card), be organized so you can find anything the judge may ask for. Keep it short and direct. Make sure the you state the landlord refused to allow you to live there after agreeing to rent to you and accepting and cashing your check. The judge will ask anything else they wish to know. I have to wonder if the LL will even show up.
That apartment sounds like a death trap. I think you are the lucky one. Any apartment that looks like this one sounds, will give you an idea of what to expect from the landlord. Any landlord with an ounce of respect will treat their property with care. One look at this place should have screamed slumlord. Next time, be a little more careful.
Make sure the you state the landlord refused to allow you to live there after agreeing to rent to you and accepting and cashing your check. )
Seems from the OPs relating that it was her father who said she shouldn't live there, not the LL. Not that it makes a lot of difference as it seems she has a very strong case.
I'm suing my old 'landlord' and have court on the 30th.Looking for opinions, preferably from a LL that has legal knowledge about tennant/LL rights.
I found an add for an apt. on craigslist, looked at it briefly & agreed to rent it. It was a makeshift in-law unit that needed some TLC. I needed something immedately due to a DV situation. I moved in knowing that I needed to clean & paint the apartment. I gave the LL $1000 for 1st months rent & a $550 deposit. No lease. All verbal. (I know, I know!)
Anywho - after I cleaned & painted - I brought my Dad with me to help move it. He REFUSED to allow me to live there. The unit had a gas stove which sat on a carpeted kitchen. The fire alarm was broken. The fridge had not been replaced (also broken) .. the LL agreed to "look around for a new one" when I originally came to view the unit. The heater was broken. He provided me with a small space heater (which was also broken). Also, some of the outlets did not work. On top of that, I learned that he was keeping the garage full of misc. garbage & chemics as his hobby was coverting old diesel cars into bio-fuel. The gargage was directly underneath my fire alarm-less apt. For those reasons as well as a few others I did not move into the apt. He refuses to return my $1550 to me so I have sued him.
IMO it seems like an easy win. He can't charge rent for something that is illegal & unsafe to rent in the first place (so I've been told). He also did NOT send me anything w/in three weeks detailing why he would withhold anything from my deposit (which I've been told automatically entitles me to legally receive all of it back). Is this true? I sent him a certified demand letter which he refused to sign for, make several calls etc etc. I also took plenty of pictures showing the above listed problems.
Is there *any* was he could win this case? And if so, on what grounds?
Thanks for your time!
I'm trying to figure out if I'm misunderstanding. You accepted the condition and moved in, how long did you live there? You said in the 2nd paragraph that you moved in, but the 3rd paragraph that your dad told you not to move in. If you didn't move in, how long were you in possession, doing the cleaning and painting?
If you didn't sign a lease, then you were probably legally in a month to month situation, and you still have to give 30 days notice. I would say your 1st month's rent is forfeit. You might even be responsible for the next month's rent, depending on when you gave notice that you weren't going to keep possession. However, if he makes that arguement, I would argue that you deserve compensation for the work you did.
As for being able to charge rent, I don't know what the laws in your state say. My opinion though, is that anyone can rent out anything to someone willing to pay for it, and receive rent. If you received the unit in good repair, there is an obligation for the LL to keep it in good repair, but if you rented it knowing it needed TLC, and were willing to deal with that, you probably aren't entitled to your rent back.
*Edit* I'm not saying not to go for it and try for the whole thing. But you asked if there was any chance for the LL to win, or any grounds for arguement, which is what I gave. Look at it as a "devil's advocate" position.
I think that if you have proof, like pict. of the unsafe place as you describe and if it really is not according to fire laws/county laws...you have a good case. Also proof of how much you paid, etc. Good Luck.
Contact your local Code Enforcement and Fire Marshall, everything you named is a violation,
by law your month to month as other posters have pointed out.
Its possible to get all your money back, once Code comes out to evaluate,
he'll be notified and given a time frame to correct or face fines, same with the fire marshall,
that may be enough for him to return all your money without going to court.
Seems from the OPs relating that it was her father who said she shouldn't live there, not the LL.
I misread. You are correct.
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I also have the original listed add from Craigslist. I didn't ask in my complaint for a refund in the $ I spent on painting/cleaing supplies etc. That was *MY* choice & take responsibility for that - he shouldn't have to repay me when I knew going in what that I was going to clean & paint. But, I do have receipts/cc statements showing I spent about $300.
I think you are the lucky one. Any apartment that looks like this one sounds, will give you an idea of what to expect from the landlord. Any landlord with an ounce of respect will treat their property with care. One look at this place should have screamed slumlord. Next time, be a little more careful. 
