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My landlord, after saying he was returning my deposit, mailed me a letter saying he was keeping $20 for every week I lived there because I didn't do a weekly household chore & that's what my rental contract says. First of all, I don't even think that's a legal clause in a rental contract, but besides that, I moved into the home after being discharged from the hospital with significant injuries from a car accident. I was basically bedridden except to go to the bathroom. On top of that, he said in front of 2 witnesses that I was excused from that clause of the agreement until I healed. Is this at all legal?
Besides that, this guy is a joke & pervert. He lives in the home (when he tells prospective tenants he lives in a 2nd home he owns) on the couch with his business partner/lover, the house is a filthy, deplorable wreck which should be condemned by the health department, which I have notified, he illegally dumps trash in a recycling bin so he doesn't have to pay for trash service, who I also notified, he hits on and sexually gropes his male tenants and propositioned me several time to have circle jerks and 3 ways sex with prostitutes. On top of that, he is a raging alcoholic, accuses everybody of theft (from everything from kitchen utensils, toilet paper, beer, weed, etc...) and he enters any room of the house at will (including privately rented bedrooms), anytime of the day (including the middle of the night).
I should probably sue him for a lot more than just my security deposit, but I really just want to be done with this slum lord. However, his mother is the legal owner of the property, so I wonder what liability she has in all this too.
If you're wondering why I moved into the place to begin with, I was beyond broke. I was fired from my job becuase I couldn't do my job with the injuries I sustained. It was homeless or this place.
Any advice on what I can do would be greatly appreciated. The rental was in California. Thanks.
It sounds like you already moved. I would chalk it up to a learning experience and get over it. I'm sorry you were in such a horrific situation, but it sounds like past tense. The situation sounds so convaluted and it's in the lease to do chores.
As much as it hurts, move on and continue to improve your life. It will be easier on you and focus on your life and the improvements that continue.
You can't sue him for anything, because he didn't violate any terms of his agreement with you. Being a drunkard and a perv isn't illegal. Being a slob isn't illegal. Harassing other tenants and avoiding trash pickup charges is between the LL and those people, not you.
You can't dispute the lease clause. Its an expensive lesson to learn, but in the future don't make verbal agreements, and definitely don't sign contracts that have clauses in them that you know at the time of signing that you don't agree to or can't comply with. Strike through those clauses before signing. And a lease agreement that stipulates a combination of cash and in-kind payment is not illegal either.
I guess I should clarify, you can always sue. Winning is another matter, and you won' win. You'll just end up losing more money.
But he is out nothing. California law stipulates security deposits can only be kept by a landlord under 4 specific circumstances, and all involve direct out of pocket expenses or proven work by the landlord to make the unit as habitable as it was upon move in of the previous tenant. I don't think you know the applicable laws here. In-kind payments/penalties do not fall into the confines of the law. If he's out nothing, he gets to keep nothing, period. Even if the house is destroyed, if he doesn't fix it, he doesn't get to keep anything. Landlords can not pocket security deposit money for personal financial gain.
How could he, entering this contract with a person who is certified disabled by the VA, Social Security and the state of California, require me by contract to do physical labor, that he knows beyond a reasonable doubt that I am not capable of performing at the time of signing the contract? Don't several witness to verbal statement he made have ANY bearing in court? There are disability laws. Do you live in the U.S.?
If you care to read the law in California regarding withholding security deposits its Cal. Civ. Code §1950.5, search it in Google and then get back to me. I think you're wrong Kodaka.Thanks.
If you're wondering why I moved into the place to begin with, I was beyond broke. I was fired from my job becuase I couldn't do my job with the injuries I sustained. It was homeless or this place.
Any advice on what I can do would be greatly appreciated.
You talked about bringing a lawsuit, you may want to include your former employer if all you say is the truth. Were you laid-off or fired, big difference there as to your recourse.
I was fired. I called my employer to notify them I was in the hospital and they terminated my employment over the phone at that time. I never considered action against them because it seemed to make sense if I couldn't perform the job, how could I continue to hold it?
Under the condiitions you've stated he shouldn't be permitted to rent rooms and many of them are most likely code violations and he should be closed down. If investigated more than likely, he'll be fined and asked to make repairs or closed down to rent rooms. In order for that to happen, he needs to be reported, Code Enforcement, Health Department, Attorney Generals office.
You're responsible to know what your signing but you did say he excused you from that particular clause, but have no verifiable proof. If bedridden he certainly couldn't expect duties you're incapable to perform and then deduct security deposit money.
You already know your dealing with a dishonest slumlord. Of course theres the possibility your risking the loss of small claims filing monies. I feel you have a case against him and a good chance of winning, but I can't guarantee this. The burden of proof is on you. It will be dependent on documetation to prove conditions and medical condition at the time of rental, if you win the case your entitled to double the SD in CA, again, theres no guarantee you'll recover the SD when awarded and may need to take further action against him. So weigh it all out to decide if its worth your time. As another poster has said, look into taking action against your employer as well, you can't fire someone bc they're hospitalized and have a medical condition.
Good Luck!
you mentioned that his mother owns the property. She is the one you deal with, not him. Even tho he rented out the apartments and takes in the rent, the owner of the apartments is the one you deal with. That is your landlord. If you live in North Carolina or almost any of the southern states be aware that the laws favor the landlord, not the tenant. In North Carolina if you take the landlord to court and she does not show up, you've lost the case and the small claims money. Even if she does show up, often times the judge will side with her. It's tough renting in N.C
I'm not sure thats the case, his mother owns the property only, he lives there and acting as the landlord in this case, but thats something the OP will want to look into. The OP lives in California.
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Were you laid-off or fired, big difference there as to your recourse.
