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So here it goes. I found the place on craigslist. I responded to the add, went to view it did the app. I got the place. Move in date was May 1. They required the deposit, first and last month rent which equaled $2100. We had the receipt of payment notarized. We did the lease. April 30th came they needed more time to move I agreed to give them the 2weeks so my new move in date would have been May 12th. May 16th came they said there grandfather had a stroke and they could no longer afford to move and take care of him. She would refund my money back plus two months of storage fees (2234 total now) seeing how I have no place to go or put any of my things. May 19th she said we could meet to give me my money. I contacted her and she said May 20th, may 20th came and gone. It is now May 28th and she gives me the run around everyday over my money. The latest excuse is she sent it by certified mail but the post office lost it. I asked for a tracking number and she couldnt even provide me with that. It is very obvious she just doesnt have my money. What can I do? Do I have to wait 21days before I can take legal action? What is the max I could sue her for? She is really putting a strain on me. I can no longer afford to move without that money I am stuck at my parents and have to wait until I get paid to put my things in storage. I still have the application picture I took because she did not have a recepit book and I wanted proof, my lease agreement, and the recepit for the sec deposit first and last month rent. What are my rights here? Im sort of lost this was my first time ever trying to rent. Oh and she is being really nasty acting as if I am bothering her my checking on the status of my refund. HELP!!
So here it goes. I found the place on craigslist. I responded to the add, went to view it did the app. I got the place. Move in date was May 1. They required the deposit, first and last month rent which equaled $2100. We had the receipt of payment notarized. We did the lease. April 30th came they needed more time to move I agreed to give them the 2weeks so my new move in date would have been May 12th. May 16th came they said there grandfather had a stroke and they could no longer afford to move and take care of him. She would refund my money back plus two months of storage fees (2234 total now) seeing how I have no place to go or put any of my things. May 19th she said we could meet to give me my money. I contacted her and she said May 20th, may 20th came and gone. It is now May 28th and she gives me the run around everyday over my money. The latest excuse is she sent it by certified mail but the post office lost it. I asked for a tracking number and she couldnt even provide me with that. It is very obvious she just doesnt have my money. What can I do? Do I have to wait 21days before I can take legal action? What is the max I could sue her for? She is really putting a strain on me. I can no longer afford to move without that money I am stuck at my parents and have to wait until I get paid to put my things in storage. I still have the application picture I took because she did not have a recepit book and I wanted proof, my lease agreement, and the recepit for the sec deposit first and last month rent. What are my rights here? Im sort of lost this was my first time ever trying to rent. Oh and she is being really nasty acting as if I am bothering her my checking on the status of my refund. HELP!!
Sorry your first experience has been so bad. There is a lot of information available online about laws for rental property.
So here it goes. I found the place on craigslist. I responded to the add, went to view it did the app. I got the place. Move in date was May 1. They required the deposit, first and last month rent which equaled $2100. We had the receipt of payment notarized. We did the lease. April 30th came they needed more time to move I agreed to give them the 2weeks so my new move in date would have been May 12th. May 16th came they said there grandfather had a stroke and they could no longer afford to move and take care of him. She would refund my money back plus two months of storage fees (2234 total now) seeing how I have no place to go or put any of my things. May 19th she said we could meet to give me my money. I contacted her and she said May 20th, may 20th came and gone. It is now May 28th and she gives me the run around everyday over my money. The latest excuse is she sent it by certified mail but the post office lost it. I asked for a tracking number and she couldnt even provide me with that. It is very obvious she just doesnt have my money. What can I do? Do I have to wait 21days before I can take legal action? What is the max I could sue her for? She is really putting a strain on me. I can no longer afford to move without that money I am stuck at my parents and have to wait until I get paid to put my things in storage. I still have the application picture I took because she did not have a recepit book and I wanted proof, my lease agreement, and the recepit for the sec deposit first and last month rent. What are my rights here? Im sort of lost this was my first time ever trying to rent. Oh and she is being really nasty acting as if I am bothering her my checking on the status of my refund. HELP!!
Unfortunately you're about to learn a hard lesson I'm afraid. 1) Is it worth hiring a lawyer to recoup your loss? Is it even worth the court costs? 2) Is it worth the lost wages and time away from work? 3) Did you read your contract over and then re-read it? If you feel that you're in the right, you need to ask the landlord to explain their position as to why they're keeping it and then take photos, document your case, and then contact the proper authorities. Most landlords are good honest people and want to uphold a good reputation. There are laws to protect not only you as a tenant, but them as landlords. If you can't work it out with your landlord, start documenting your case, then take your case to them, you may get them to release your deposits, or at least give you a solid explanation as to why they are keeping it. I have found that communication is the key when there's a dispute. Perhaps even a mediator would be in order.
Did you really READ his post?? He has tried to communicate with the woman. It has been several weeks, and she has given him nothing but excuses. She has given the clear message that she does not want to give him his $$ back.
OP...at least call one of the attorney's recommended just to see what can be done. Ask if you can just get a consult.
do not let them get away with this, real losers... have your parents help if possible. I would be at these people house everyday demanding my money back, and wouldn't leave until I get it.... and trust me, I would get it lol Good luck...
Plus I wouldn't even waste my time writing on CD. Seek an attorney.
you should get a free consultation. as bad a rep as lawyers get i find that they usually put things plainly in terms of what it's gonna cost to go forward and an indication that sometimes it's not worth it in terms of time or money. not saying that's the case here, but any decent attorney will have a free consultation and you will probably leave at least understanding the range of options you have and from there you can decide.
in some states laws protect renters from this sort of predation. for example failure to return a deposit after 30 days without an invoice about damages/documentation the landlord can be assessed triple damages. obviously in this case you never moved in so it's different. this seems like straight up rental fraud. they might not even have the money to pay a judgment. but something has to happen.
You have a clear cut case of breach of contract which you can take to small claims court. You don't need an attorney (most states don't allow one anyway in small claims court) and the court clerk will give you all the necessary paperwork to complete to file your case.
I suggest you first send her a return receipt certified letter advising her that if she doesn't, within 10 days, return your full deposit plus the storage charges she agreed to, you will have no alternative but to file suit against her. Keep it short, simple and concise and if she doesn't respond to you in writing then go down to the courthouse and file your claim. If she fails to pick up the certified letter the PO will return it to you and you retain it unopened as evidence that you pursued the matter.
It goes without saying that you need to safely hang on to all your evidence. If everything between you has been over the telephone then make sure you have a record of all the calls you've made to her; keep all written communication, texts, etc.
Serious Question; at which point does it become a criminal matter; as I read OP's post, I see someone who (possibly) never intended to rent the place out and was out to scam him. I'd be talking to a detective about Fraud.
Serious Question; at which point does it become a criminal matter; as I read OP's post, I see someone who (possibly) never intended to rent the place out and was out to scam him. I'd be talking to a detective about Fraud.
That sounds more than a little paranoid. Let's not bother detectives (who in any case won't get involved in civil matters such as this) when there are easy legal remedies available.
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lol Good luck...
