i will try and make this short i live in Missouri. My brother was leaving out of the country and asked his landlord if his sister (thats me) and her boyfriend could move in and we would pay his last weeks rent. The deposit was 495 plus105 for the last week of the month and then 375 on the first.
I paid him 200.00 cash 102.00 in a money order and 200.00 rental help from an agency (who wrote him the check for me)
hen i put in 170.00 on June 30. Well July 1st there was an argument between my boyfriend and my self i left to my old apartment that i was still moving out of and a county sheriff came and told me that I was not allowed to return to that property. I told him that i was the one who searched out that apartment thru my brother and paid 572.00 of the move in fee. The sheriff said that the landlord said he rented it to my boyfriend and not me. they (landlord and boyfried) took my receipts from the apartment all i have to show is my bank withdraws the 200.00 filed with the agenc
2007-07-07 19:42:59 · 5 answers · asked by cuca 2 in Politics & Government ➔ Law & Ethics
Who signed the paperwork for the lease? If it was the boyfriend, I think you're screwed. If it was both of you, then you cannot be barred from the property. If it was only you, then the boyfriend has to leave.
2007-07-07 19:47:47 · answer #1 · answered by Kevin k 7 · 2⤊ 1⤋
In real estate, and specifically in Missouri, verbal or implied contracts are unenforcable. Unless your name is on the lease, the landlord is well within his/her rights to deny you payment of the deposit.
In fact, he/she would be stupid to do so as they will still be under a legal obligation to repay the deposit to the legal lease holder.
As you were told, you have no case against the landlord and a shaky one against your boyfriend. And yes, I am an attorney licesed to practice in Missouri, among other states and countries.
2007-07-08 02:41:08 · answer #2 · answered by hexeliebe 6 · 1⤊ 0⤋
Although the lease may be in your boyfriend's name, the landlord accepted payment from you. You can get a copy of the money order for proof, as well as the stuff from the agency. If you have a witness to the cash transaction, keep in touch with that person. Go see an attorney. You can get back what you can prove from the landlord. You can also get it back from your boyfriend. If you wish to sue, sue BOTH OF THEM.
2007-07-07 19:47:48 · answer #3 · answered by cyanne2ak 7 · 1⤊ 3⤋
Get the money back from your boyfriend. The receipt is yours, get it. In my country we have a Small Claims Court, free of charge and no lawyers to muck things up.
After you got your money and receipt back -
dump your boyfriend. There are thousands of good boys waiting to shower their attentions on a nice lady such as you.
2007-07-07 19:50:55 · answer #4 · answered by Peter V 5 · 1⤊ 0⤋
whoever signed the lease.
2007-07-07 19:46:13 · answer #5 · answered by ValleyR 7 · 1⤊ 0⤋