he had agreed to put ac and fix the house up for me. and he asked me to give him an advance on the deposit and the first months rent.he was a friend(the landlord)so i didn't ask for a receipt). after three months he never fixed the house and now he won't give me back my money.
2006-12-12 08:01:56 · 23 answers · asked by D-TOWN 2 in Business & Finance ➔ Renting & Real Estate
i paid cash
2006-12-12 08:14:39 · update #1
I am not a lawyer, I just watch a lot of those court shows on tv. If you don't have anything in writing, you are pretty much out of luck. You can try to take him to small claims court. Unless he admits that you gave him the money, you do not have much proof. Did you sign a lease? If so, is anything mentioned in the lease. If you do not have any sort of lease agreement, you can probably move without any repercussions. Moving is costly and a pain though. But it may teach him a lesson and it does not look as though he is never going to fix anything.
2006-12-12 08:08:29 · answer #1 · answered by Angrygirl5 3 · 0⤊ 0⤋
to be honest doing business with friends isn't a good idea firstly, second of all you always get a receipt, third you will probably lose if you go to court with it and last i'd kick the **** out of him if he was my friend and he screwed me over like that. but if you want to try the court thing then
if you paid with a check then go to the bank and get a copy of the check and hope that that is enough to support your claim and maybe even see if you can find some people that were there when you made the deal and gave him the money. those people need to say that you too had a verbal agreement\
check your local laws and see if a verbal agreement means anything in court. i know it does in oklahoma but i don't know where you're from so make sure you check that out.
if you don't atleast have the verbal agreement witness and the copy of the check then you are pretty screwed unless you want to hire some mafia "debt collectors"
2006-12-12 16:09:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
hopefully u have a contract in which case if the residence is in the same condition as when u moved in the landlord is legally obliged to return the deposit.
i think that any damages found on inspection at the point you vacate the property are deductable at a rate that you mutually agree on ( and not on what the landlord says the cost is) so any damages look into yourself to get an estimate of repair.
i also think that the landlord has one calander month to return the deposit.
putting all that to oneside you could default on your last months rent and run away.. but a reference could be handy later on at some point so wouldnt recomend that.
if you had no written contract you have no tenancy aggreement so all you can do is goto a small claims court for your money or pressure him with threat of legal action
2006-12-12 16:10:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Not much you can do without a reciept. Sounds like a terrible friend and landlord but you already know that. See if you can call him on the phone and record the conversation or at least have him say it in front of a witness. Then you might be able to take him to court but he sound like a jerk and you will just be out time and extra money. Put everything in writting!
2006-12-12 16:04:35 · answer #4 · answered by Karrien Sim Peters 5 · 0⤊ 0⤋
Does the city in which you live have a rent control board, Building Inspection Department, or Board of Supervisors? A phone call from them may help. Unfortunately without written proof of the deposit, i.e., receipt, you're at a disadvantage. Still worth a fight. Last resort, find an attorney.
2006-12-12 16:07:04 · answer #5 · answered by RightLeft 3 · 0⤊ 0⤋
Did you give him cash or did you write a check---a chec would be something that is trackable. You could try to take him to small claim's court, but you have probably figured out the importance of receipts. I am very sorry for you in having to deal with someone with a lack of conscience. Not asking for a receipt is a sign you had faith in this person and he failed you.
2006-12-12 16:06:22 · answer #6 · answered by fried_twinkie1 7 · 0⤊ 0⤋
If the transactions were all in cash, then I say you have paid quite a bit to learn something.
If you have a receipt in the form of a cancelled check (if not, next time you'll know better) you can go to small claims court and file a suit against him.
2006-12-12 16:05:03 · answer #7 · answered by jbtascam 5 · 0⤊ 0⤋
good luck, where did u get the idea that landlords are freinds yeah right, and comeon everybody remebers to get a receipt ur just screwed cuz u have an a$$hole for a landlord, like i said good luck gettin it back, u should know that they r desperate for money and they look for suckers like u, be careful next time
2006-12-12 16:07:09 · answer #8 · answered by susu 5 · 0⤊ 0⤋
Any witnesses or other indicators that you gave him the money?
Was it cash or check? If cash and he denies receiving the money you're probably out of luck. You can try Small Claims Court anyway. Good luck.
2006-12-12 16:05:19 · answer #9 · answered by jack w 6 · 0⤊ 0⤋
Clean up and make sure no marks are on the walls. Do not leave any trash behind. Good luck. Make sure you take your own pictures of the move out.
2006-12-12 16:04:19 · answer #10 · answered by winnp1 3 · 0⤊ 0⤋