So two friends of mine looked at a place they liked, signed a lease, the move in date comes and goes, and the current resident never left. a month later they go somewhere else. the problem? the landlord wants to keep the deposit!

Seriously? like really? how much more of a piece of shit can you be? he even threatened to counter sue for up to a year's worth of rent if they try to take it to court. it's now several months later and the original resident is STILL in that apartment. He failed to provide what the lease obligated, and more importantly, double booked the apartment. clear violations of the lease they signed, yet this turd actually thinks he can get away with this.

My friends have someone in the building keeping an eye on that apartment, they want to wait until that guy finally moves out and a new lease is signed before they go to court. I think they should just file now, i can't imagine any court siding with this slumlord.

and apparently there is an exception in small claims court, while the typical max $ amount you can sue is $5000, in these cases the landord could counter sue for far more than that. nice double standard you lawless court system.

Views: 97

Tags: court, landlord, money

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Comment by Brandie Fitzgerald on June 6, 2011 at 5:47pm

One thing I can say is that if they do go to small claims court do not agree to the arbiter - ask for the judge. You can choose between having an arbiter try your case or you can have an acutally judge. However, the judges are busy so they might have to go back. The downside of the arbiter is that you cannot appeal an arbiter's decision so no second chances. It might mean they have to go back a few times but the upside is that this will annoy ( and probably scare ) the slumlord more then it will annoy them.

Comment by Threemoons on June 6, 2011 at 5:46pm
Oh yeah and forget small claims court. Take it to housing court. 
Comment by Threemoons on June 6, 2011 at 5:44pm

A$$holes like this are why I'm looking for a new place, and why I will NOT move into a building that ISN'T run by a proper management company. To answer the rhetorical question posed by Darren, yes, lanlords CAN get shittier; ask me about mine.  Anything that breaks, it's the tenant's fault, he does NO repairs, and I am just over it. Dialing 311 is a joke. 

 

And to your friends--find a real real-estate landlord/tenant attorney, take this fuck to court, and make sure that you sue for attorney fees as part of the motion. If the facts are as you stated, and your pals have a signed lease, it's an open and shut case and you'll have a line of folks waiting to take their case. 

 

Comment by Robert M on June 6, 2011 at 5:15pm
I recommend a brick thru his window and put his car on bricks.
Comment by Chrissie Eden on June 6, 2011 at 4:38pm
Why does this jerk think he's entitled to the deposit?  I'm guessing this is a private landlord and not a management company?

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