Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-27-2016, 06:42 AM
 
7 posts, read 5,601 times
Reputation: 10

Advertisements

So I am in California.

Here's my story, I found a room on Craigslist met the lady she was nice we hit it off.
I based my whole impression on living with her on who she was , because she owned the unit and would be my roommate. She stated I would pay 1st months and a non refundable deposit to be used as last months rent.
Half of the Utilities would be due every other month. I signed a 3month lease on 10/1 with every intention on staying passed that.

However, she text me and told me at the end of October that she would be leaving(the state I found out later) and she would be renting her room out Nov 1. I told her that I had no idea she was leaving and then she proceeded to tell me that the ad said she was renting out two rooms. Now it may have said that but she NEVER told me she might be leaving or anything. Her lifestyle and living habits was similar to mine that's why I wanted to move in. Also she changed and said a flat rate monthly rent to include utilities instead of half due every other month.


I pay November rent no problem, I then decide this living situation is not for me. I let her know December will be my last month I told her this Nov. 14 she said that's fine we will talk details when she comes to town. I was able to move most of my items out that week. Other weird things happen but she ends up staying there while in town.

So this week, she called me a few times from a number I did not know nor left a voicemail. Said she's been trying to call me for over a week. If she left a message I would have returned her call. We talked and she asked when I was leaving. I told her since December is paid close to the end of then. She said no December rent is still due and I explained to her to lease and last months rent and she said no that's not what she said and I still have to pay decembers rent. I ended the call and got the rest of my items out of the room except one piece of furniture that can tossed. I text her and told her that she changed the agreement and I felt she was trying to get more money out of me. I told her it's illegal to charge a non refundable deposit in CA and she has my December rent with that deposit.

She then had someone call me from a blocked number said they were from a property management place and the police will be called and they have my SSN. They said my credit will be ruined. I never filled out an application they didn't run a credit check. Not sure how they got my #. I did file a report for harassment though, she's demanding I pay decembers rent now. .

I'm prepared to go to court if I have to but can she sue me? I am completely moved out I have pictures of the room (that she claims I trashed). I was hardly there.

Any help thanks!

Last edited by Happyhendrix81; 11-27-2016 at 07:23 AM..
Reply With Quote Quick reply to this message

 
Old 11-27-2016, 06:51 AM
 
12,016 posts, read 12,643,608 times
Reputation: 13420
Quote:
Originally Posted by Happyhendrix81 View Post
S


She then had someone call me from a blocked number said they were from a property management place and the police will be called and they have my SSN. They said my credit will be ruined. I never filled out an application they didn't run a credit check. Not sure how they got my #. I did file a report for harassment though, she's demanding I pay decembers rent now. .

I'm prepared to go to court if I have to but can she sue me? I am completely moved out I have pictures of the room (that she claims I trashed). I was hardly there.

Any help thanks!
There is no way she can have your ss# unless you gave it to her or she found your ss card and wrote it down. Don't pay December's rent, she seems like a scammer. She can't ruin your credit, I doubt the credit agencies will even believe her unless she has proof, I doubt she even knows how to report it, and she would have to get a judgement against you first. She can sue you, but if you left why would she think you would have to pay for December if it's prepaid? I think you may be able to sue her, because she is demanding money for your last month and just because she wrote it's non refundable it's for the court to decide since she didn't let you live there the last month without paying rent. Remind her you can sue her for double for not returning or letting you use the deposit.
Reply With Quote Quick reply to this message
 
Old 11-27-2016, 07:04 AM
 
7 posts, read 5,601 times
Reputation: 10
Quote:
Originally Posted by LifeIsGood01 View Post
There is no way she can have your ss# unless you gave it to her or she found your ss card and wrote it down. Don't pay December's rent, she seems like a scammer. She can't ruin your credit, I doubt the credit agencies will even believe her unless she has proof, I doubt she even knows how to report it, and she would have to get a judgement against you first. She can sue you, but if you left why would she think you would have to pay for December if it's prepaid? I think you may be able to sue her, because she is demanding money for your last month and just because she wrote it's non refundable it's for the court to decide since she didn't let you live there the last month without paying rent. Remind her you can sue her for double for not returning or letting you use the deposit.
Thanks for responding!

She's says the deposit it just a deposit and was never meant for last months rent. That's what she said though in the beginning. The lease only states the amount of the deposit (which is the same amount as the monthly rent) and that its non refundable. It does appear to be a scam but it still doesn't sit well with me. I'm not a terrible tenant but she's been shady from the beginning.

I don't even have a copy of my SSC at the moment so there is literally no way she could have gotten it. But I still wonder.
Reply With Quote Quick reply to this message
 
Old 11-27-2016, 07:43 AM
 
16,235 posts, read 25,092,569 times
Reputation: 27047
I think she was trying to intimidate you into paying another months rent. If you have any sort of receipt or texts, or papers stating what she told you the deposit was for save those. I would ignore her unless you receive something from the court giving you a court date.

You might also check on someway to complain since she says she has your SS#, it would be illegal for her to have that if you didn't provide it to her. Identity theft is a big issue these days. Check on the online SS website and see if you can report her threat....That should stop her in her tracks.
Here is a link https://www.ssa.gov/pubs/EN-05-10064.pdf

Glad you got out so quickly.

Last edited by JanND; 11-27-2016 at 07:54 AM..
Reply With Quote Quick reply to this message
 
Old 11-27-2016, 08:14 AM
 
Location: Riverside Ca
22,146 posts, read 33,250,209 times
Reputation: 35433
Technically you're wrong. But so is she.

Your "last month" initial payment isn't a legal term in California. It's a security deposit. You should be getting that back if you paid December rent. If not the LL can take you to court. Even if you have no signed lease, the state has guidelines on leasing a house. You and her would fall under those rules. And since you didn't pay..... So she CAN win if you don't pay the owed rent and just leave. You did give notice IN WRITING right.

I assuming since there was no written lease agreement there was no written receipt for the deposit, rent amount or due date.

You don't need a SS to find someone, it just makes it easier. And she can't just "ruin your credit". If she takes you to court and gets a judgement yes it can ruin your background check
Reply With Quote Quick reply to this message
 
Old 11-27-2016, 08:34 AM
 
16,235 posts, read 25,092,569 times
Reputation: 27047
Since the OP technically gave notice Nov. 14, and is out already before Dec. there isn't a lot for the LL to collect. Also, it is unclear if there was anything beyond a month to month agreement....so that is a relevant factor too.

I'm not an attorney, but I would not be worried about this situation since the OP already has a residence. The LL threatening the OP with his SS# is an issue that I would report.
Reply With Quote Quick reply to this message
 
Old 11-27-2016, 08:52 AM
 
12,016 posts, read 12,643,608 times
Reputation: 13420
Quote:
Originally Posted by Happyhendrix81 View Post
Thanks for responding!

She's says the deposit it just a deposit and was never meant for last months rent. That's what she said though in the beginning. The lease only states the amount of the deposit (which is the same amount as the monthly rent) and that its non refundable. It does appear to be a scam but it still doesn't sit well with me. I'm not a terrible tenant but she's been shady from the beginning.

I don't even have a copy of my SSC at the moment so there is literally no way she could have gotten it. But I still wonder.
She can't keep a deposit for no reason. I would take her to court. A deposit is usually for security it's not a gift.

Also don't give her your new address, you do have to give her a address to return the deposit, but it can be a po box or a friend's house. IF she doesn't have your address she can't take you to court.
Reply With Quote Quick reply to this message
 
Old 11-27-2016, 09:12 AM
 
Location: Riverside Ca
22,146 posts, read 33,250,209 times
Reputation: 35433
Quote:
Originally Posted by JanND View Post
Since the OP technically gave notice Nov. 14, and is out already before Dec. there isn't a lot for the LL to collect. Also, it is unclear if there was anything beyond a month to month agreement....so that is a relevant factor too.

I'm not an attorney, but I would not be worried about this situation since the OP already has a residence. The LL threatening the OP with his SS# is an issue that I would report.

If she gave notice on Nov 14 she is liable for the rent until Dec 14. That's about 1/2 months rent amount. Even if she leaves before December it's inconsequential to OP paying the rent for those days. UNLESS the LL rented the unit out and it's occupied during those paid days. That's double dipping. It's a 30 day timeline notice no mater what. The LL can keep a portion of the deposit for the unpaid rent, the charge for damages. Or they can send a 3 day pay quit and start eviction for nonpayment.

The shortest lease timeline is month to month. Thats what OP stated. If she was on 6-12 month lease she wouldn't be leaving in such manner. Since it as a verbal agreement it can only be month to month. It can't be proven it's a longer term.

She can reside elsewhere. Doesn't mean the LL can't take legal action just because she moved.

Either way this is just another typical blind leading the blind LL/tenant scenario. No paperwork, all verbal agreement, fly by the seat of your pants, he said she said


Quote:
Originally Posted by LifeIsGood01 View Post
She can't keep a deposit for no reason. I would take her to court. A deposit is usually for security it's not a gift.

Also don't give her your new address, you do have to give her a address to return the deposit, but it can be a po box or a friend's house. IF she doesn't have your address she can't take you to court.
Sure she can. The address you supplied her to return the deposit IS your last known address. All she has to do is send it there. But you can find anyone with very little info. Got a cell? Full name? A place you work? Past addresses? You can find that person. Takes a few bucks but it's doable.

Last edited by Electrician4you; 11-27-2016 at 09:21 AM..
Reply With Quote Quick reply to this message
 
Old 11-27-2016, 09:39 AM
 
12,016 posts, read 12,643,608 times
Reputation: 13420
Quote:
Originally Posted by Electrician4you View Post
If she gave notice on Nov 14 she is liable for the rent until Dec 14. That's about 1/2 months rent amount. Even if she leaves before December it's inconsequential to OP paying the rent for those days. UNLESS the LL rented the unit out and it's occupied during those paid days. That's double dipping. It's a 30 day timeline notice no mater what. The LL can keep a portion of the deposit for the unpaid rent, the charge for damages. Or they can send a 3 day pay quit and start eviction for nonpayment.

The shortest lease timeline is month to month. Thats what OP stated. If she was on 6-12 month lease she wouldn't be leaving in such manner. Since it as a verbal agreement it can only be month to month. It can't be proven it's a longer term.

She can reside elsewhere. Doesn't mean the LL can't take legal action just because she moved.

Either way this is just another typical blind leading the blind LL/tenant scenario. No paperwork, all verbal agreement, fly by the seat of your pants, he said she said




Sure she can. The address you supplied her to return the deposit IS your last known address. All she has to do is send it there. .
No because if they have your previous address you won't be there and they can't have you sign for the court papers if you are not there, they can't send it to the place you lived either if you no longer live there. If you send it to where a person does not live it will be returned marked "not at this address"

Get a PO box as an address to return your deposit and they won't be able to file in court with a PO box.

Again if they don't have your address they can't take you to court. They may be able to find a company online to get that info, no guarantee it's correct. If it's not they lose their filing fee if they can't find you.

Maybe your area is different, but in this county you have to pay $40 on top of the filing fee for a sheriff to serve the notice to go to small claims court. If they show up at the wrong address, pay again when you find them.
Reply With Quote Quick reply to this message
 
Old 11-27-2016, 10:27 AM
 
7 posts, read 5,601 times
Reputation: 10
Quote:
Originally Posted by Electrician4you View Post
Technically you're wrong. But so is she.

Your "last month" initial payment isn't a legal term in California. It's a security deposit. You should be getting that back if you paid December rent. If not the LL can take you to court. Even if you have no signed lease, the state has guidelines on leasing a house. You and her would fall under those rules. And since you didn't pay..... So she CAN win if you don't pay the owed rent and just leave. You did give notice IN WRITING right.

I assuming since there was no written lease agreement there was no written receipt for the deposit, rent amount or due date.

You don't need a SS to find someone, it just makes it easier. And she can't just "ruin your credit". If she takes you to court and gets a judgement yes it can ruin your background check
The lease was for 3 months. Oct, Nov and Dec. It states that I paid a non refundable security deposit and 1st months rent for the same amount. She said the security deposit is non refundable because it's for the last month rent verbally. But when I brought this up she said that was was not true. Yes I have her written notice.

She has gotten 3 months of rent out of me since the deposit is NOT refundable. It's my rent for December.
Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Similar Threads

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top