anyone a lawyer on here ... or know about law / real-estate law?
I am Pro Boner and heavily versed in Real Estate...
1 month ago I moved into an apartment (well.. a room in house).
My landlord gave me a lease to sign, but it was for the previous tenant.
Yes a lease w/ someone elses name and dates on it.
In an email, I said I had singed the lease and sent it to have my mom sign it (as she is the co-signer).
When she got it, she looked it over and said "wtf?", and thus didn't sign it.
We never gave him the lease (because it had someone elses name on it and such...)
What are the terms for the lease?
You just stated you signed the lease, that in your assertion was created for the previous tenants? If this is the case, ask yourself WHY!!!???
Because you have signed a lease, you are bound by the lease, however being honest OR lying would dictate how this scenario would play out in a court of law...
1.) You say you never gave him the lease that you signed, correct?
K, basically you are not under a lease because he hasn't received the lease.
A co-signer is irrelevant because he has already decided to let you live there, correct?
(hear me out on this one)
The judge would ask you what type of landlord allows a tenant to live there without a lease? It doesn't make sense at all on one end, yet Fred failed to get from you a signed copy, correct? K. It is up to the judge to decide based on testimony.
If You Went To Court And Told The truth:
You would lose on the basis that you signed the lease, and knew what you were signing (to live there as a tenant renting a room-and to be governed by the leases' TOS) -even though other people's names were on the legal binding document,
YOU chose to sign, anyway. My next question is are you over 18 and over, or under?
-If he had requested a co-signer, this may be due to the fact you cannot rent to a minor, and thus would warrant the entire lease void, and you would win in court=you would get your monies back and win in a judgment.
2.) If You Lie: You could do so but I don't recommend it.
-Based on the fact he has no lease, he has no legal right to sue you.
-The judge would rule according to how long you stayed....Resulting in you paying an amount according to what the rent per month ratio/how many days of occupancy.
-HOWEVER: If you sent an email to Fred, stating you signed the lease...
-You would be SOL, and no doubt he would provide the document you signed (without the signature) but no matter. An Admission in the court stating you signed the lease is admissible, and you lose based upon that information.
Anyways this was back around nov 30th to dec 3rd.
He hasn't asked me about the lease since and from what I understand by NY state law (I live in Rochester NY) ... I've become a month to month tenant.
I've given Fred (the evil landlord) my 30 days notice and asked him to apply my security deposit (1 months rent) be be used as my last months rent.. he said no and that hes suing me...
He cannot keep your security and make you pay rent.
How much is your security deposit? Legally, if you are a month to month you do owe rent, but he has to return your security... Hopefully your security is just one month's rent, and in this case:
I would say Call his bluff!
He seems to do this-bully tenants into keeping money but I say next time, you research your landlord like you would a replica watch dealer, ya dig?
1) I fear living in the property because Fred has verbally assaulted my character and myself via the telephone.
2) I fear for my things, since at any time he could come into my room and break something in retaliation.
3) I fear for my car since he is the type of person who would screw w/ my stuff in revenge.
4) No lease was ever signed (though in the email I sent him I did say I signed the lease...)
5) The lease he sent me to sign - was for someone else (Not my name or my dates)
6) I've told him to use my security deposit of $550 to pay for my last months rent (of $550)
7) 3 separate ppl told me Fred screws around with the security deposit.
8) My room was never cleaned when I started living there 1 moth ago.
(He told me he had cleaned it.)
9) I was bitten by fleas (took pics of the bites and caught 2 fleas) - because of the state the room was in when I moved into it - He told me it was my roommates fault because they have a dog and they needed to pay the $600 to de-flea the house. (my roommates brought their dog to the vet and the vet told them there dog does not have fleas) - the LL used to bring his dog over as well, but says his dog was not the cause - On top of all that, my room was the only room with fleas.
I'll start with 9, then go backwards:
9-You would have to prove there were fleas, and that they were caused by Fred/his dog. If you can provide proof they needed $600 to de-flea the home, you can establish a grievance and collect if you were distressed, however I didn't see you were anywhere in this post, which is not to say you weren't.
8-You say your room was never cleaned? Did you take pictures?
If not=SOL
7-You can get signed affidavits from these people, or have them come in to testify
on your behalf. If the judge finds Fred to be a security deposit thief, this could help your case.
6-You are not allowed to do this....By law you must do things properly; i.e;
Pay your rent, ask for security back, don't get it? YOU take him to court because you would be the plaintiff in this case. Be assertive, and do not be reactive. It will show the judge initiative.
5-This is key: If this was never signed, and the dates didn't even match the dates you were to stay there? He cannot enforce the lease, especially IF he doesn't have proof you had signed it, OR proof you admitted to signing it. The structure of that lease (or contract) remains the same regardless of who it is addressed to IF:
You signed the document, and IF he has proof you did. He does not need the actual lease....Just an admission that you did sign...The judge will sort out the subtleties.
4-3-2:
If he has that email....You will be SOL even though the judge will give him shit for giving you someone's previous lease agreement. -because you admitted to signing it.
Move your things out if you are worried....
Take pictures ALL of your possessions and itemize them.
Keep receipts.
I'm pretty nervous about this since he told me on the phone:
"..in court little ******* babies like you get crushed by people like me - Especially when mommies not there to hold your hand"
He knows my mom is single parent from MA who can't drive up to Rochester NY to help me out..
Thanks for any help you may have.
- Chris
IN court he has to prove you "broke the lease" -Did you break it?
(For whatever reason) If yes, you lose.
Which means some type of agreement MUST have been made right?
What will you tell the judge if asked?
YOU have to establish why you would move out so quickly, the judge will ask you why?
What are the reasons?
Safety?
Fleas?
Unclean living conditions?
????
Btw, I am not a lawyer but am well versed and researched in law...
I wanted to help (or at least try) because you seem a decent fellow.
