Need help after being scammed by a landlord (rental, crime)

[NeedLegalAdvice]

Hi all. I'm hoping I can get some advice on what I should do.

Sorry for the long post but I'm trying to let you know what exactly happened so bear with me

I had a trailer lined up for me, by boyfriend and 2yr old to move in to. The landlord seemed like a nice guy and mentioned it wasn't the greatest area but he takes care of his land and keeps trespassers out and there wasn't anything of concern.
The place needed some work but we were willing to take care of it due to the price being so little.

We signed a lease (which we didn't get a copy of yet), gave $250 deposit (for cleaning etc) and $300 for first month's rent (for us to move in on April 1st) all in cash.

We told the landlord we'd like to start working on it now so its ready on the 1st to which he had no problem.
We went in, set off bug bombs to get rid of the cockroaches (lots of them) and did general cleaning.

While we were cleaning during the night, we noticed a lot of activity in and around a house behind us with lots of young people, music and 'ladies of the night' walking through the property to cars pulling up and flashing their headlights.
We asked a neighbor what the deal with and were told it was some sort of drug house with a lot of bad activity (definitely not where you want a 2yr old let alone yourself to live) so we decided this isn't the place for us.

We returned to the landlord and told him about the place he neglected to inform us of and asked for our money back.
He said he would only return first months rent but would keep the deposit for cleaning expenses (which is stupid since we haven't moved in yet and all we did was clean).
After some back and forth we just wanted done with it and asked for the $300 (thinking we'd get help to get the rest back at a later date).
He wrote out a receipt for us to sign and at the bottom indicated that by us signing we agree and no further dispute will be made. We went back and forth again and called an officer to come out.
The officer didn't speak to the landlord and just told us we have to take him to court since it was a civil matter.

We asked the landlord for a copy of the lease (wanted to see if there was anything we could use in it to get the money back) but he refuses and he refuses to return any of the $550.

Thats were we stand now. We're temporarily staying at a hotel and my son is with my mother while we try to find another place.

Any advice on what action to take and how I go about taking it would be extremely appreciated.

Thank you all

[hlauburn]

Wow, that really sucks. Sorry you're having to deal with all this, especially with a 2 year old. BUT, I don't think you have much ground to stand on without knowing what you agreed to in writing. You need to get a copy of that lease. Doesn't he legally have to supply you with a copy of the contract you signed?

You have to be financially eligible, but you could always try www.jaxlegalaid.org for help. Looks like they handle this sort of situation.

Good luck, and keep us posted.

[NeedLegalAdvice]

Originally Posted by hlauburn

Doesn't he legally have to supply you with a copy of the contract you signed?

As far as I'm aware, yes. But, can't do much when we're standing infornt of him and he outright refuses to hand over a copy.

Originally Posted by hlauburn

you could always try www.jaxlegalaid.org for help.

This sounds perfect. I'll contact them first thing on Monday.

Thank you very much for the info

[orca17]

What you detailed is exactly why I have never rented anything, anywhere without checking out the neighborhood throoughly, including at night and on weekends. A place that looks great during the day on a weekday may be a nightmare when the sun goes down.

[xinerevelle]

For the most part, if you sign a lease and then back out, even if it's before you actually take possession, you're out the deposit AND any rent that would be called for in your lease, typically until the place gets re-rented. Or, I should say, that's how MY leases are written. As a landlord, I take my place off the market once I sign a lease with a tenant, so it costs me time and money to have to put it back on the market because you didn't do your homework about the property.

Granted, this sounds like a fairly scummy place and I'd probably call the police about the neighbors if I was in your position (or at the anonymous Crime Stoppers line), but you DID make a legal contract.

Most landlords don't use the term "cleaning fee" instead of "security deposit" because of the problem you mention. It gets confusing for the tenant when it comes to move-out time. Plus, there are specific legal processes that have to be followed if it's security deposit (not co-mingled with other funds, interest paid annually to the tenant, returned within 14 days of move out along with an itemized list of deductions, etc.). If the lease doesn't specifically state it, he may not be able to keep your deposit without a court order.

And the officer was right... this is a civil matter and you may have to go to court to get your money back.

Sorry you're having to learn an expensive lesson... ALWAYS check out the area at different times of day and night and on weekends. Don't be afraid to knock on the neighbor's door and introduce yourself and ask questions, especially if the same landlord rents out places next to each other.

Good luck!

[grayrunner]

I agree, in fact if you take the landlord to court and lose (probably) you could end up paying his court costs.

[madcapmagishion]

As a last resort;
Move in, call the cops and the landlord 10 times a day/night (all hours) about the meth/crack house behind you.
Don't pay any rent for the 3-6 months it takes to legally evict you. (if your not on a month to month lease)
Turn the landlord into the health department for renting out a dirty/infested place.

Or just move on and consider it a life lesson in the need to do due diligence in checking out fully places to rent out.

[grayrunner]

'Don't pay any rent for the 3-6 months it takes to legally evict you.'

And then if the landlord wins as he will, he'll sue for court costs (will include his 200$ an hour lawyer) and the unpaid balance of the lease
And if you don't pay it, he'll be happy to get a judgment, ruin your credit, garnish your wages. If you move out of state he'll sell the judgment at a discount to a national collection agency, good for 7 years in most states, if you don't pay, it only takes 10$ at the end of that to start it for another 7 years.

I know, because that's what I did when I had rental property. You have to make an example or you won't stay in business.