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3 month ago I rented a room in a house in Houston, TX. We (I and a landlord who lives in another room in this house) had an oral agreement for month to month lease with security deposit on a first day of rent. The security deposit was supposed to be returned w/30 day notice or an option to live last month rent.
I found another place close to work. The landlord refuses to give back security deposit or let me live in the house (last month rent). He says that he was under impression it was not a month-to-month agreement but a year agreement.... I was in disbelief to hear such outlandish lie.
This guy is a crook. He filed chapter 7 before and owns to his creditors. I didn't know that before moving to his place.
After I told him that I'm planning to move out, he became very agitated and threatening (my understanding that my rent was his primary source of income).
So, basically my question would it make sense to sue him in a small court or chances are practically 0 to recover my $500 of sec. deposit?
If suing is a viable and recommended option what is a course of action I should have?
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Chapter 7's do repay the court a percentage of their debt, but not reason not to return your SD, so he created a lie.
Verbal agreements are month to month, if you have proof of payment for the SD as well as other rental payments, I don't see you not getting a judgement in your favor, that doesn't guarantee recovery of the monies owed, and another loss of court filing fees.
So, basically, he's stealing from you, I'd be upset too. Think on it for a while and decide if it's worth the effort.
I think you answered your own question... the guy is financially on the ropes.
You always have the option of Small Claims... something as simple as a property written and endorsed cancelled deposit check is all you may need... a receipt is even better.
In my State, the Statute of Frauds require written rental agreements when the term is 1 year or more...
Oral is legal for month to month... BUT, as always the burden of proving your side is much more difficult without documents.
Don't know how he could keep you out if you really wanted to live there under the circumstances... the Police in my area would tell the Landlord it is a Civil Matter that needs to be decided in court... here it is called an Unlawful Detainer Action.
Don't know how he could keep you out if you really wanted to live there under the circumstances... the Police in my area would tell the Landlord it is a Civil Matter that needs to be decided in court... here it is called anUnlawful Detainer Action.
This seems to be someone you can not trust, whose to say he couldn't put her things out, and she return to find the locks changed. Legally, there wouldn't be a thing the police could do, she has no lease.
This seems to be someone you can not trust, whose to say he couldn't put her things out, and she return to find the locks changed. Legally, there wouldn't be a thing the police could do, she has no lease.
My experience is limited to the West Coast and primarily California... even without a lease, the police wouldn't participate in a constructive eviction... something as simple as mail with the apartment address or a goverment issued ID would put a stop to any self help.
If the renter could demonstrate constructive eviction... the owner could literally be left high and dry... a restraining order would also level the field.
That said... I still wouldn't want to remain in a situation where I was at odds with someone living under the same roof and put myself through the added aggravation... life is too short.
My experience is limited to the West Coast and primarily California... even without a lease, the police wouldn't participate in a constructive eviction... something as simple as mail with the apartment address or a goverment issued ID would put a stop to any self help.
Its the same here on the east coast, its a shame they can even rent out rooms. I hate to see young ppl taken advantage of like this.
I know a young women on disability renting a room and encountering some problems with the LL, promised her a window AC unit at the onset, then later changed his mind. No freezer space to keep frozen food and she can't afford to eat out, I was present when she asked if he'd make some space and he was obnoxious, I fear its not going to have a good ending.
Somehow I agree that life is too short to waste on such scumbags. I just still feeling bad that I was taken advantage off.
Yes, I do have copies of checks for each month rent & security deposit.
I'm wondering if anyone had experience w/Small Claims in Texas. I never had experience w/courts so I don't know if it's expensive to file claim, waiting time, etc.
I'm a commuter for now. I work in Houston, but live in Austin. So, the only time I'm at his place are 4 nights. I'm trying to come late as possible just not to see this scumbag. He told me that if I don't bring the check for next month rent by next Saturday he wants me out. I'm renting a new place a week after that, so it shouldn't be problem. Though, he one those types who can change locks even the next week (which is already paid to him).
Dont sound like hes filing proper papers to rent a room out! I think if you have proof of Deposit & paying the rent you would win. IF you didnt get the money back the Court would put a lien on the property & he would also get added fines!!
BTW Get all your things out! & Move 1st!!
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Forgot to mention
