about 4 months ago my father rented out his garage to this woman. the garage had no restroom or kitchen, but he allowed her to share the living room bathroom and kitchen, since it was an attached garage. she had access to both at all times. when he first rented it to her, he didnt know that this was illegal. he was just a desperate man trying to keep a roof over his family. anyways, the woman and my father both agreed that she would be living in the garage for a few months at most. the morning after she moved in, my father found her on our living room couch. he asked her what was going on, since she only rented the garage. she then told him that it was illegal to rent out a garage. shocked, my father asked her kindly that he'd made a mistke, and instead of living there for a few months, she find a place to move asap. she told him shed move by the end of the month. howver, she made no effort to leave, and even caused a lot of trouble in the neighborhood. by the end of two months, my father was notified by city hall to ask her to leave. in the end, my mom found her a place to move to. she did leave, but didnt bring her stuff. by the second day of the 3rd month, the police asked her to take her belongings. according to the officer, we were to return her deposit once she returned our key. but after yet another month, we still didnt here from her.my father called her a couple of times about the deposit, but she never answred. recently, my father recieved a letter, saying that she was sueing him for the 2 months rent plus the deposit. she said that he "refuses" to pay her back the deposit after contacting him". but this is a lie, since he'd gladly return it, and besides thefact that she never contacted him at all. what is your opinin? will my father lose the court case? i mean, nobody forced her to move into the garage. my father didnt know it was illegal, but she did, yet went ahead and rented it anyways. thankyou so much. and please, no rude answers. my father and i know that what he did was wrong.
2007-10-19 17:33:16 · 6 answers · asked by music&drama 2 in Politics & Government ➔ Law & Ethics
the deposit i understand, but does she get back the two months rent? i mean, she agreed to rent the garage and pay that much money, knowing that it was illegal.
2007-10-19 17:34:46 · update #1
oh im so sorry. by "letter" i meant a legal letter delivered by an officer for the small claims court. its official. but thankyou so much so far
2007-10-19 17:44:13 · update #2
Tell her to take him to Small Claims court for the money. She will lose and that will be the end of it. Send her a certified check for the deposit and mark it "Paid in Full" on the back.
2007-10-19 17:42:35 · answer #1 · answered by notyou311 7 · 0⤊ 0⤋
Unsure of where you live, but usually the tenants get the breaks in landlord/tenant disputes. Not trying to be rude, just honest...ignorance of the law (renting the garage) will not fly with a judge. If you can prove that the police were involved getting her out, and there are any reports showing that, it would be to your dads advantage. In some states in the US, tenants can get 2x the deposit, if the landlord doesn't send them WRITTEN notices about the disbursement of the money. Good luck with all of this.
2007-10-19 17:51:37 · answer #2 · answered by ginobiligirl 1 · 0⤊ 0⤋
A letter isn't a lawsuit. Answer it and tell them to pound sand.
To be eligible for a refund of the deposit under rental laws, it's probable that she would be required to surrender the key and notify you in writing of the address to send it to. She can't prove either, given that you say they didn't happen. Don't admit to the deposit being due, but don't be surprised if the judge orders it anyway.
It's possible you're not entitled to "rent" if it was illegal, but countersue for the use of the space occuppied by her and her belongings under "quantum meruit".
If the judge sees through her, she'll walk out with nothing but a lecture.
2007-10-19 17:41:38 · answer #3 · answered by open4one 7 · 0⤊ 0⤋
Go to the courthouse and do a search to find out how many times she's done this before. If it's even once you've got her cold, if not, well, I don't know. Courts can usually sniff out deadbeats and freaks, just hope for a reasonable judge. Good luck.
2007-10-19 22:43:41 · answer #4 · answered by planetdkw 2 · 0⤊ 0⤋
It sounds like a natural for Judge Judy. You should contact the show.
2007-10-19 17:43:50 · answer #5 · answered by Gaines J 2 · 0⤊ 0⤋
each state is different of course but in PA she cant get her money back
good luck and dont let her push you around she sounds like a user and working the "system" kind of person
peace
2007-10-19 17:38:25 · answer #6 · answered by darcymc 6 · 0⤊ 0⤋