I need help. I'm a tenant and feel I'm getting scammed. (lease, construction)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm currently renting a property and my lease was supposed to be up May 1st. Well Feb. 5th the house flooded(kitchen, dining and living room) from the waterline for the icemaker. Well, the homeowners insurance came out and stated I would get a months rent taken care of because of the legnth it takes for this type of damage. The homeowner stated if I pay March, Aprils rent will be taken care of and then move out May 1st. I paid Marchs rent, then 2 days after that they gave me a 30 day notice to vacate. Well, my home is unliveable and when I say that I have no floors in the kitchen and dining and part of the living room is tore up. So I'm wondering if I have rights to get my Marchs rent back because of the living conditions? Also, since I'm the renter they have also made me pay for repairs for the home (ie, furnance circuit board and flame sensor and the plumber for the flood). That alone cost me over $500. I thought it was the homeowners responsibility to pay, hence one of the reason I'm renting. Also, I put $1850 down to get the home with an option to buy. Well, in part of the agreement it states its earnest money and on a separate part which I believe they wrote up themselves states I won't get the money back. Since I'm not purchasing the home now because they gave me a 30 day notice, am I able to get that earnest money back? Please le me know, I feel like I'm being taken advantage of big time. Thank you
After they denied to repair it, I read it and they did put I'm responsible. But I have been told and thought that no matter if you are a renter, the owner is responsible.
Sounds like you have a lease/purchase rather than a lease/option to me.
The difference:
A lease/option is a normal lease that says you might buy it at some point down the road, with terms to be determined. It is usually just on a normal lease, with maybe an addendum attached.
A lease/purchase is a contract to buy the house at set terms on a set time frame, with occupancy under a lease in the meantime. It is usually on both a lease and a purchase agreement.
A lease/option would not usually have earnest money. A lease/purchase would. That Earnest money would usually be nonrefundable.
On a lease/option, the owner would continue to be responsible for repairs. On a lease/purchase, that would be in the contract, and very possibly could be the tenant/buyer's responsiblity.
A lease/purchase should say what happens if the seller defaults, which is what is happening here. In my (totally not an attorney) opinion, you should get back any money you spent on non-damage related repairs, ie anything that just broke through normal use that you paid for, as well as March's rent, and your deposit.
Oh, and you aren't getting scammed, since it doesn't sound like they did this on purpose, but you definitely are not being treated fairly.
I feel like I am being scammed though. I got a text from the owner 2 weeks ago stating I can just pay $500 for March since I paid for all the repairs. Then next day she calls me yelling at me stating I'm holding her hostage for the repairs. I was baffled by this because I just stated to her I had to fork out a lot for repairs and its hard rounding up $1500($1000 for rent and $500 for repairs). She said that she wants me out by the end of the month(feb). So the next day her husband comes by to look at the process with the flood damage and he says "You pay the full rent $1000 and April will be covered by insurance then May 1st your lease is up". I was like ok...fine. Well 4 days after he states that she(wife) saying I can pay $850 because the insurance was paying me for clean-up of the 60+gallons of water that was in the house. So I wrote her a check for that amount, she cashed it the next day. Well...2 days after receiving my March rent she brings a 30 day notice and wants me out March 31st. So where is my months rent for the construction and unliveable condition insurance said they will cover for me? I feel like they are just out to get all the money they can and that is why I'm not getting my $1850 deposit back cause they said its towards the purchase of the house, but they are breaking the lease not me. Hopefully you see where I'm coming from.
I'm no expert, but I would put all this in writing. You might start by sending them a certified letter (US Mail) spelling out what the husband told you and what the wife told you. Then ask which of those you're supposed to follow. It does not sound right that you are being asked to pay for repairs. I would search google for a tenants rights organization in your area.
It sounds like you signed the lease without reading it. The fact that the lease holds you responsible for repairs and treats the $1850 deposit money as non-refundable earnest money are things you should have addressed before you signed the documents. Written agreements are just that, agreements. In my opinion you are on the hook for the repairs and the loss of the earnest money. If it's in the lease and you signed it then your chances of dodging responsibility are slim.
As for the flood damage, you messed up by agreeing to accept a months free rent from the homeowner rather than collecting a check directly from the insurance company. I'm not sure the insurance company would even cut the homeowner a check for lost rent unless you (the tenant) actually moved out. The homeowner would need to demonstrate lost rent and that's only possible if the home is vacant during the period of repairs. You need to contact the insurance company and find out who got paid what and how much. I think you're owed a months rent. I'm not sure it'll be easy to collect it though.
Contacting the insurance company sounds like a very good idea to me.
If you are indeed being scammed then it is entirely likely that the folks who are scamming you are also working on scamming the insurance company. They could well be trying to get you out, but then turning around and hitting up the insurance company for lost rent. They could also be charging you for items for which the insurance company has reimbursed them.
Some communication could be worthwhile here.
Compare the details you know to what the insurance company thinks.
If it turns out they are not also working the insurance company over, then it is time to chalk it all up as a learning experience--the hard way.
Next time make sure you read all your documents before you sign anything. Remember, when you are handed a stack of documents to sign, making the person on the other side of the desk happy is NOT your first priority. The person on the other side is there to make money. It's your job to defend your money and your future. Take the time to read.
You need to contact an attorney to review your contract ASAP.
Yeah. I wouldn't mess with this by myself. Get a professional involved. Too much money to mess aroud with.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
