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KiNG⋆LATiNO | What should I do my landlord won't give me my money back after living there for only 2 weeks? |
in July I moved to a house that this guy was renting out -- but actually he was really just working on it and had intended to sell it without tellin me. Eventually I figured it out and confronted him about it -- he said he felt bad and would give me my money back if i wanted to move out. So i accepted that and moved out that same weekend. This was back in July.
After many weeks of lies and more lies he finally gave me half of my $2000 back..
4 months later I still have not gotten the other $1000... I keep asking him when and he gives me excuses every time.
I don't know what to do now. I'd like my money back! Wouldnt you?
I live in SF Bay Area so rental laws here are strict. I don't have a written lease but I do have his original check back to me of $2000 which bounced ... I also have a promisary note I made him sign and date.
He has a compnay which the check was issued to me from and bounced. So I was thinking I would sue him and his company in small claims court.
Any ideas?
Additional Details
also if you think I should sue him.. how much should i sue him for?
+bounced checks
+fees
+weeks of lies and promises
+stress/frustration
+unable to pay some bills |
 |
 
crave knowledge
 |
I think you could take him to small claims...let him know if this is your intention. Tell him you need to recover the money, and if he can't give it to you, then you will sue. Then follow through.
What to sue for? Of course the original money (minus the 2 weeks you lived there). But also the bounced check fees and late charges for bills you couldn't pay. |
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jeselynn95603
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deal with the bounced check first.. he wrote you a check and it went rubber.. with no written lease you are considered a month to month tenant.
As for Promissory notes, if the one you had him sign is not notarized by a county official it doesnt hold the value of the the paper you wrote it on. Also just writing that he owes you money doesnt imply what the money was for or why he was returning it to you..
You can try small claims , but letting the bank and the police know about the bounced check will probably be your only course of action.. and then you will only get the 2000 and court costs.. he will prolly get jail time though if it makes you feel better! |
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rukidden99
 |
Normally the amount you are speaking of is a criminal offense. You should be able to go to the local police and file a complaint. |
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bevrossg
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You need to go to small claims court. There is a limit there but it is fairly high. You won't be able to ask for too much...the judge will be deciding just how much you will get...and THEN it is up to you to collect it! Good luck!
See if there is a place to research what happened with similar kinds of cases in court. The lady at the place where you file the suit could probably help you...be very nice there! |
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T
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Take it to small claims court. |
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HG
 |
I would sue him in small claims court, but not for "stress" or anything other than the amount he owes you, plus any actual (provable) costs or financial damages you have suffered as a result of not being refunded promptly and having to pursue him for the remainder. |
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I_Love_McRedneck
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You can go to any lawyer in town and have them write a demand letter. It'll probably cost less than $50 and bascially they threaten to take him to court if he doesn't pay. That usually works & is inexpensive. If not, take him to court. |
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slopoke6968
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yes sue |
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Elana
|
Yeah, I'd sue him if he bounced a check on you, at least for that amount of money.
Note, however, that your on slippery ground. If he has a signed lease with you, then YOU are terminating the lease early and most leases have a substantial penalty for doing so (such as having to continue paying rent until the lease ends).
If he is letting you out of the lease, he is doing you a favor - the exception would be if you could prove that he misrepresented the apartment to you - that he implied the apartment would be available in a particular condition, etc.
However, the bounced check is proof of a guilty mind, or at least proof that he feels bad. That might help you immensely in a small claims court. |
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Crypt
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If his $2000 check bounced, he got you $1000 back and keeps promising the rest, maybe you should try talking to him again. This time see if he can do some sort of payment plan or something to get it back to you. It sounds to me like he doesn't have the $1000 to give you.
Yes, you could sue him. What good does that do? I guess if you're just out for the money then fine, sue. But it does really sound like this guy is trying. Why not at least try to work with him and save the expense and hassle on both sides? Worst case scenario make sure you have everything in writing and you can sue him later. |
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Marysue
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You definitely should consult an attorney.
Is $1,000 going to make or break you? If you can survive without it, consider just moving on. You may never collect from this guy, and you could end up pissing away even more money trying. Since you were dealing largely with verbal agreements, it’s your word against the property owners – not good for you. |
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ddking37
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you definitely need to get an attorney...BUT, the down side is that you didn't get a written lease, or really anything in writing. i don't know much (ok, anything)about CA law, so i would suggest start cold-calling in the yellow pages the attorneys that state in their ads that they handle tenant/landlord disputes (or even just real estate)...that would mean they would HAVE to know some way to get your money back, even if you just have to go to sue the guy individually. |
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sissy4everyours
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Most states it is a felony to write a hot check. Contact your district attorney. Then contact the attorney general and file a complaint as well as the Better Business Bureau to prevent him from doing this to anyone else.
Always get a lease in writing and take the time to read as well as understand it before signing.
Don't forget to do a move-in inventory (in writing) with the manager as well as a move-out inventory (in writing) so you can get your deposit back. Wouldn't hurt to take dated photographs if something isn't up to par so you won't get blamed for it.
Keep copies of everything before you leave his office.
No matter what a land lord says it is what a landlord is willing to write on paper and sign that will benefit you in the long run
Property manager for 15 years |
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_nicole_
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Yes you should sue. For everything. Do not expect much for not being able to pay your other bills. That would fall under pain & suffering-or inconvenience. Do not expect too much for that. You may be liable for the two weeks you did stay. |
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