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Old 03-26-2013, 08:05 AM
 
4 posts, read 5,916 times
Reputation: 11

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A landlord has $6000 of our money and we're trying to decide the best course of action. Here is the history:

We signed a one year lease for an older, poorly maintained 3-bed 1-bath rental house in Lexington, Mass.

After two weeks during which we didn't completely move in, just moved some stuff in, we decided the house was in much worse condition than we realized. The worst problem was mold/mildew which we didn't realize was an issue when we first saw the place.

We explained our concerns to the landlords (older Chinese couple). They got angry and said they were very disappointed in us, denied the house was in poor shape, offered verbally (not in writing) to return our money and break the lease. After thinking it over for a couple of days we agreed. I spoke to the wife. She back pedaled, "I want to return your money, but my husband may not agree."

After a few days I met with them at the house to return the keys and sign a form breaking the lease. They offered me only the security deposit. I demanded both security and last month's rent. I was willing to concede first month's rent. They said absolutely not, I cost them money, I have inconvenienced them, blah blah blah. I said, I don't want to take you to court, give me security plus half last month's rent, final offer. They said no way, you still tenant, we charge you full 12 months of rent, you can take us to court.

I then demanded the keys back since it was unclear that they should keep the keys if I'm still responsible for the property. They were confused but finally handed the keys back.

A few days later my wife brought the town inspector over to view the property and note down any code infractions. The husband met us at the door and refused to allow the inspector in. The inspector said, "Is this person your tenant?" The husband answered, "She is not our tenant." The inspector noted this down on his form, took a few notes about the outside of the house, and left.

We returned the keys by registered mail to the only address they provided: a P.O. box. The keys were returned to us "failed to pick up". We sleuthed out what we think is their real address, a house in Weston where their cars are parked and they pay the water bills. We sent the keys there. We sent a 93A demand letter to both addresses. No response has been received.

The house appears to be rented since about a month after we left.

We enlisted a tenant-landlord specialty lawyer and have paid him for two hours of work so far. We can either take this to small claims or civil court. Small claims would be cheaper but there's no appeal if we lose. The lawyer (and others) feels we have a strong case for triple damages on last month, security, and even first month (because of "right to quiet enjoyment").

The problem will be collecting the money. A sheriff can notify them of a lien on their property, and it's possible to compel their other tenants (they're slumlords with a dozen properties) to pay their rent to us, and it's even possible to compel their bank to transfer their funds to us (we have their bank acct # from the canceled checks).

We don't want to do any of this. It's very time consuming and we just want our deposits back. Does it sound as though we should just file small claims and hope for the best? What other options might be available? Thanks for any advice. (You don't need to tell me I'm a schlub for signing that lease; I already know that
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Old 03-26-2013, 12:04 PM
 
Location: Bike to Surf!
3,080 posts, read 11,047,634 times
Reputation: 3022
What do they have of yours?
1500 1st month, 1500 last month, and 1500 security? You signed and then broke a 1-year lease? Have you got it in writing that you're clear of the lease?

If you've got it in writing that you are free of the lease, walk away. It's generous of them to let you break a year's lease with just a 3-month penalty because you decided, after two weeks, that you didn't like the place.

Because he's not working hourly, your lawyer will tell you anything will keep him billing you. Notice he is giving you a rosy scenario, but no garantees, and I'm sure he's not offering to work on commission. Unless he's family or a good friend, your case is going to get all of 15 minutes of his assistant's time when he says he's going to "research" your case, yada yada yada. He makes money whether you win or lose.

Cut your losses, because it sounds like you've got no proof of any wrongdoing by the LL. Just your word that living conditions were bad. Civil court MIGHT let you force an inspection, but I doubt it, and even if you could, a civil case would be a bonanza for your lawyer but unlikely to result in satisfaction for you (cost/benefit, even if you win) and you don't really know if the inspector will find that the property is uninhabitable. Even if he does, there's no proof it wasn't habitable back when you moved in.

As you've mentioned, even if you win, and that's a big "if", collecting anything is going to be months of trouble. There is no way any of this is worth it.

Make sure you've got documentation that you are out of your lease. Next time you think a property is uninhabitable, get proof/inspection first while you have rights to it, then try to break the lease yourself under favorable terms, and only THEN court as a last resort, and only when your case is airtight! And maybe not even then. Not unless you are in the habit of donating your hard-earned money to lawyers.

One tiny caveat: If neither you nor the LL have written proof that the lease has been voided, AND you have absolute proof that they've rented the place out and barred you from entry (which it sounds like you do) to a place where you still hold the lease (ie, they haven't evicted you), you might have a case. But I would use it to get documentation that you're out of the lease and maybe try to get your security deposit back.
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Old 03-26-2013, 10:21 PM
 
4 posts, read 5,916 times
Reputation: 11
They stated that we were no longer tenants, in front of an official witness from the town inspector's office. They were in our house, and barred us from entry, and rented it out to other people. Doesn't that constitute effective termination of the lease?

Absolutely you're right, we probably would be lucky to collect anything. However, I believe Massachusetts law is pretty clear; if both parties have terminated the lease, the landlords must return the security deposit within two weeks, or else have a qualified trades person provide an invoice listing the damages caused by the tenant. If they fail to do either, they're liable for triple damages.

But, as you say, collecting is probably going to be a very long and expensive process. What a mess. At least we ended up with a better home, right around the corner, for less money, with reasonable landlords. From now on, I will get everything in writing, and I'll never sign a lease again when another guy is in the house wanting to rent it and we're under tremendous pressure. He's welcome to it.
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Old 03-27-2013, 06:28 AM
 
Location: Bike to Surf!
3,080 posts, read 11,047,634 times
Reputation: 3022
I would be worried about still being on the hook for the remainder of the year without documentation of the voiding of the contract. You do have a witnessed verbal agreement, the ex-LL did prevent you from entering, and it does look like they're renting the property out. It sounds like these slumlords do things pretty informally and have already decided to walk away from this mess (with more of your money than they should/agreed to.

However, it's better not to count on other people when it comes to money and contractual obligations. I would either get a copy of the inspector's report with his signature, that states the ex-LL voided your lease, or \i{try} to get the ex-LL to give you a document stating as much (and the security deposit they agreed to earlier). Sounds like they're not responding to you, though.

As general advice, I would stay away from lawyers except as a last resort, or if we're talking huge money, injury, or death. They can be really important and helpful to have on your side in time of real crisis, but for small potatoes it's best to steer clear. Sorry you had to go through this.
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Old 03-27-2013, 06:50 AM
 
925 posts, read 2,737,487 times
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This is why slumlords get away with doing things like this - because most tenants lack the money, time, or stomach to fight them to get back what is owed. I'd call the Mass Tenant Rights Association.

For future, if you ever face an issue like this again, take photos of the problems in the home and only communicate with the owners via certified mail or some other written communication where you can prove they received the communication. This way they can't deny it later on.

Best of luck.
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Old 03-27-2013, 06:53 AM
 
925 posts, read 2,737,487 times
Reputation: 432
Also, if you pursue this, you will be doing something good for yourself and hopefully helping prevent the next tenant from walking into a home with mold and the potential health issues that can accompany it. If nothing else, the town inspector should be pressed to investigate. It doesn't cost you anything to get them to do that.
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Old 03-27-2013, 09:10 AM
 
Location: 42°22'55.2"N 71°24'46.8"W
4,848 posts, read 11,780,837 times
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I noticed you mentioned the landlords were an older Chinese couple, even though this fact has nothing to do with your problem. They are probably very successful because they are harsh, but it has nothing to do with the fact that they're Chinese. I hope you don't think that all Chinese people will do the same thing.

Please keep us updated on the matter and I wish you the best.
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Old 03-27-2013, 09:19 AM
 
Location: IGO CA
350 posts, read 476,335 times
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You can not be held liable for the full lease. The landlord is required to try to mitigate the damages and he did so by releasing, so your liability is only for the the time signed and when it was released.

I would definitely pursue it, you have a good potential to recover, since there is equity in property and monies being collected. Small claims would probably be sufficient. (Or try to get it on one of the judge shows ... this is the type of cases you commonly see aired.)
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Old 03-27-2013, 10:07 AM
 
Location: Bike to Surf!
3,080 posts, read 11,047,634 times
Reputation: 3022
Quote:
Originally Posted by greyhorsewoman View Post
You can not be held liable for the full lease. The landlord is required to try to mitigate the damages and he did so by releasing, so your liability is only for the the time signed and when it was released.
He doesn't know that the property was released, and if it wasn't then he could be held liable. It is NOT a good idea to make assumptions just because you see cars parked in the driveway or lights on inside. It doesn't even sound like he got delivery confirmation on the key return. Documentation is key, and the OP is very light on it.

At the bare minimum I would get something which confirms he is no longer liable to pay any more on the property. It's not being paranoid to consider that the ex-LL's might be preparing a legal case against the ex-Tenant. If they manage a number of properties there's a good chance this isn't their first fight. Just because they look old, or foreign, or don't speak perfect English, don't assume they don't know the law, how to game the system, or that they're "easy pickings". They may have an entire network of family and friends with legal experience.

The OP might have poked the hornet's nest by bringing the inspector. If I were the LL, and an ex-Tenant brought an inspector, or looked like they were pursuing any sort of action against me, I would be pulling together my documentation to go after them or chase them off.

Also, there is no proof that the property is uninhabitable. The Ex-tenant thinks it was, but there's no telling what an inspector might say, if you could get one in the property in the first place.

Protect yourself, get the documentation, and walk away unless you see a clear path to benefit. I don't see one here. Don't martyr yourself for some imaginary future tenant that you are going to "rescue" from these "evil slumlords", by picking a fight you might not win.
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Old 03-27-2013, 03:29 PM
 
Location: IGO CA
350 posts, read 476,335 times
Reputation: 851
Quote:
They stated that we were no longer tenants, in front of an official witness from the town inspector's office. They were in our house, and barred us from entry, and rented it out to other people. Doesn't that constitute effective termination of the lease?
Quote:
The lawyer (and others) feels we have a strong case for triple damages on last month, security, and even first month (because of "right to quiet enjoyment").
It sounds like they have a good chance of recovery. I'd go ahead ... in small claims court it won't be that expensive.
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