Landlord Failed To Provide Internet As Promised, So I Moved Out... Do I Get My Rent Back? (rental, how much)

[cki_1]

Short version: 1 month room rental. Landlord promised to provide internet service, but she didn't. I moved out early because of lack of internet (I need it for school), and now she won't return my money.

Long version: I am visiting student who arranged to rent a room in a person's house for a month. One of the terms was that the owner would provide wireless internet. Well, she called me a few days before I was supposed to arrive, and said she didn't have the internet. I clearly said at that point that this was a large problem since I need it for school. I got there and there was no internet (plus there was mouse poop in my bed). I arrived on a Sunday, and the owner said the internet would be hooked up by Wednesday. On Wednesday, she said it would be working on Friday. On Saturday she gave me a "tracking number" that was supposed to be for a modem that was supposedly on its way. She admitted herself that the tracking number didn't work (and it didn't). On Monday, I packed up and left due to the lack of internet.

I prepaid the rent, but I would like the money back for the days I didn't stay. I think that since she couldn't provide internet (as was advertised), that voided our oral contract. Is this reasonable? Or does the landlord get to keep the money? She won't return my calls/emails, so I am considering suing her.

[springfieldcollegealum]

Do you have a copy of the advertisement? How about take a photo of the mouse stuff on the bed? You might have a possibility of a case if you had the advertisement. I am not an attorney but it seems like you would have to have a lease or contract to have any chance.

[cki_1]

Thanks for the quick reply. Yes, I have a copy of the flyer. I never actually signed anything, but the terms are all laid out in the flyer very clearly. Unfortunately, I didn't take a picture of the mouse poop.

[Mike930]

Take her to small claims court.

[cki_1]

Originally Posted by Mike930

Take her to small claims court.

That is probably what will happen if she doesn't stop ignoring me. Ugh such a pain. Why can't people just be reasonable?

[Electrician4you]

Did u pay cash? No written contract? Lol why would you do that? How much did you pay the lady?

[cki_1]

Originally Posted by Electrician4you

Did u pay cash? No written contract? Lol why would you do that? How much did you pay the lady?

She came from a list of contacts recommended by my school and claimed to have housed many students in the past, so I wasn't particularly concerned. I will do my best to make sure she is taken off that list and blacklisted by the university, though.

Why does it matter if I pay with cash, cashier's check, check, etc.? In any of those scenarios she would still have the money, and I would still not have any recourse to get it back other than suing her. The lost money makes me a little mad, but it really makes me way more upset that she is being so ridiculous about something that is clearly her fault.

[Electrician4you]

Because with no proof of payment or contract you can't prove anything. Going to court you better have proof. Accusations are worthless without proof in court or anywhere else for that matter. She can claim anything from you did not make the payment to you moved out with no notice or reason nor did you ever say anything about no Internet. Was all this verbal with nothing written down?

I wish you could get your money back but protect yourself next time. Get it in writing or it never happened

[Kurinji]

OP, sorry this happened to you. Did you get a receipt? Also, for the future, please make sure to get the rental terms in writing, including partial stays (for example daily rate for less than a monthly stay), and terms of getting your deposit back.

[NoMoreSnowForMe]

Oral contracts are okay if the agreement is for less than one year. You can use your cancelled check or receipt to show a judge what your rental agreement was. You can use the flyer to show the terms, as well, and to show that you were supposed to have internet. You can also use the tracking info for the modem to show it wasn't there when you moved in.

I don't know what a judge would do in this case. My gut feeling is that you would be reimbursed the value of the internet service, but not reimbursed for rent. But, your argument of course, is that the internet was a major factor in your contract, and that therefore, the LL breached the contract, and you shouldn't be held liable.

Send her a demand letter for the money you think she should pay you back, with proof of delivery, and give her a deadline. Tell her you'll file a small claims court action if she doesn't return your money, and that you'll also ask the court to have her pay your court fees, too.

It's worth a shot. When in doubt, and if you can't afford a lawyer, you can go to small claims court and just tell the judge you don't know the law, but it doesn't seem fair, and you trust the judge to do what's right.

Good luck. What a pain.