HELP WITH HORRIBLE EX LANDLORD!!!!! urgent, please answer!?

Question

Here's the situation. I moved into an apartment on March 15th 2007 and signed a year lease with a landlord who seemed pretty reasonable. there was no working front door lock before we moved and, and we were assured it would be fixed before we moved in. Two Months later after constant reminding he finally fixed the door. In the meantime, we learned that there were no smoke detectors in the apartment, when the weather was warm bugs infested the place, and i mean infested. They were everywhere, in my bed, every room. Awful. The kicken sink pipes leaked into the bedroom, the place was really a mess. Not to mention the landlord proved himself to be a drunk, and would fly off the handle at any given occassion when something seemed to set him off. He was convinced that we were loud tentants, because we came home at 11PM almost every night (we work in restaurants, and he knew this prior to us moving in). We asked to terminate the lease, and he had no problem allowing us out. In fact

he wrote us a letter saying that he contacted the police regarding out move out, and if we werent out by midnight on the 14th of this month we would be trespassing. Later that say (this was the 12th) he barged into our apartment cussing me out (im a 23 year old female) along with my boyfriend saying we better have our sh*t out of the apartment or else wed find it on the street. I called the police and filed a report after telling him I would do so if he didnt promptly leave (im 7 months pregnant, and all of these circumstances combined made me feel very unsafe living there) Well, we paid $550 in security, and I called him yesterday asking when it would be returned to us, at which point he went on to say that we owe him $10,000 for the remainer of the rent even though he told us we could not step on the property or else we'd be trespassing, and writing us a letter stating that we MUST be out by midnight the 14th. I believe that he is only doing this to scare us out of persuing

the security deposit. He has no contacted us since, but I am thinking about taking him to court, to get our money back. Who would win this case in court??? Would we actually owe him money?? Im fed up with this guy, and glad to be out but I feel like IM being taken advantage of. Since moving out, Ive spoken with another tenant of his who is also moving out. SHe was told by a previous tenant that getting her security back would be next to impossible so to persue the issue as early as possible. On our lease it says upon termination of the lease, the security deposit must be returned within 10 days. HELP!!!!!

we have already settled into a new aparment and though our lease ran until the 15th of every month, I made sure that we were out by the afternoon of the 14th. I however, not well versed in tenant rights, and not thinking that this would have every been a problem did not take pictures of the conditions of the place before or after. We left it in perfect condition, better infact than before we moved in (we fixed a door that was falling off the hinges that he promised hed fix and didnt) and we had the bug exterminated twice, though neither time seemed to work for more than a week.

Answer 1

Look up tenants rights
Look up a lawyer that works with tenant landlord issues.
Had a simar experience, sued, and won. Got the security and the landlord had to help pay for some of the new apartment rent, plus lost her right to rent out her property.
Especially have the lease looked at, if any part of the lease is illegal, they get a fine. If anything thats required by law to be on there isn't, they get a fine. Most consultations are free, so shop around.

Answer 2

Don't waste any time arguing or sending letters trying to get your money, either take him to small claims court or write off the money.

To take him to court go the the county courthouse (where the property was located) fill out a small claims court form and have the sheriff serve it on him. You'll be in court within a few months and the judge will sort it all out. Unfortunately I've found the outcomes of this court to be very erratic - though the judges mostly are pretty good. I really, really doubt you would end up owing him money from a court case (assuming you can prove he ordered you out of the apartment) but can't say what (if anything) the judge would say he owed you. He may try to pretend you did some damage to the palce and therefore he should keep your deposit, but the judge probably won't buy it. If you could have another tenant (former tenant) at the courthouse agreeing with your side of things it may help your case.

Answer 3

I'm truly hoping that the two of you took pictures of the lousy conditions in your apartment...armed with them, the police reports & any written documentation you have - take him to court. At the moment, he feels he is entitled to your security deposit because you broke the lease - you need to be able to prove that he a) let you out of the lease & b) the condition swere bad before you moved in, and he didn't take reasonable steps to fix it. If you can get the other tenant to be a character witness for you, that would improve your case.

You sue him for the security deposit and moving expenses, you may not get the moving expenses - it depends on how the landlord conducts himself in front of the judge. Don't make a huge deal about his drinking, be as professional & business like as possible.

By the way, he had no right to order you out of the apartment by a certain date without going through the courts...you can use the fact he tried to force an illegal eviction.

Answer 4

You should definetely take him to court. You would def win because of all the things that were wrong with the apartment in the first place. These things are HIS responsiblity as a landlord to fix. You had every right to break the lease because of the condition of the apartment and a judge would prob rule in your favor to get your security deposit back as long as you didn't break anything or dirty anything while you were living there.

Answer 5

Do you have pictures of what the apt looked like just after you moved in? Did someone else besides you know about the front door and other problems?

You will have to take him to small claims to get your deposit back and you have proof that he is suppose to return the deposit back to you in 10 days (make sure it reads as such) written on your contract.

On the other matters, you can bring up but if you don't have written proof or pictures it becomes an issue of he said/she said. then it is up to the judge to believe your side or his side. The fact that you are pregnant may get you compensated for more than you deposit but don't say anything(judges have eyes)let the judge bring that issue up.

Also turn him in to the Health dept. and buildings code dept for the many violations he has on maintaining his property.

Answer 6

Look, you CAN NOT control what another person does. You can not make her do anything. All you can do is let her make her decisions and then make decision on your own life. You need to take a good hard look at this relationship. Is this the best thing for you? Is this really the kind of relationship you want? What would happen if the two of you took a break so she could figure out what she wants from her ex and you could look and see that there are other, healthy people out there to date? Do some thinking.

Answer 7

do you have it in writting or email or voice mail that he let you out of the lease? If so take him to court with evidence and polive reports of the living conditions and what took place. If the place was left in good order he must return the deposite as well if he did let you out of the lease and you can prove this, then he has no case for the 10,000 for rent money, I agree he is trying to scare you out of getting your money back, you might want to consider if its worth pursuing? Im not saying it isnt but i would look at what my time and health of my baby was worth, it might be worth that 500 dollars he owes you, good thing you are out of there!

Answer 8

take him to court. get the other tennant to be a witness. he has no legal right to enter the appt without your written permission or you inviting him in at the moment he enters the appt. any entry to the appt at any point wether you are there or not is legally tresspassing, you can have him arrested for tresspassing. the police report and written letter as well as the other tennant will sway the judge in your favor. also a land lord in ny, dont know where you are, is not legally allowed to enforce an eviction notice without giving the tennant a 30 day written notice.

Answer 9

Notify the rental authorities in your city, show them the police report. Notify the local news.

Get your witnesses lined up and get a lawyer. You could even take him to Judge Judy and she could tell him you get your money back.

Answer 10

You have rights and you may want to explore your legal options.

The big picture is to find another rental, with the new baby, you all ready have enough stress.

Good Luck