View Full Version : Pre paid rent , no lease , landlord wants more now. Can we recover our money
Crystal Loriaux
Aug 12, 2012, 03:24 PM
My husband was transferred to PA by his company.. we found a house to rent. The owner also is interested in a owner finance purchase. Our issue is when we met with the owner we gave them 6 months rent in advance $15,000. We have not signed a lease yet. The owner has not given us keys to enter the home but has given us a garage door opener but we still cannot enter the home. The landlord is now asking for $2500. More for a security deposit and wants us to sign a year lease.
We have not taken possession due to the owners still cleaning carpets and other maintenance issues.. the tenancy was to begin on the 15th of August.
The owner is now also wanting us to buy the home and give a substantial down payment and $80,000 per year for 5 years. The house is not worth the amount she is now wanting which is much higher than her husband originally stated as the purchase price and higher than the value of the home according to the price listed on zillow for the house.
At this point we are wondering if we can get our 6 months rent $15,000 back and just not do the contract at all.. we are skeptical about renting or buying from the owners now.
Fr_Chuck
Aug 12, 2012, 03:28 PM
You are now in a month to month verbal rental.
You should not have given them a penny till the paper work is done. I see nothing but issues here, you need to sit down with owner, and either give the deal you were offered or your money back, I will guess ( my opinion) he is going to try and hold your money to force you to new terms, since you give them so much money up front.
Why did you ever do something like that, it is never done in the US.
Are you not from the US, I know in Asia and parts of Europe payng ahead is more common
ScottGem
Aug 12, 2012, 03:34 PM
When an employee is transferred by a company, they usually provide assistance in finding a new home. I would see if your company can provide a lawyer for you to recover from this very foolish move. As Chuck said, you don't pay money without a written contract to protect you.
Crystal Loriaux
Aug 12, 2012, 03:49 PM
My husband is federal employee. And we have been searching for a place to rent for a few months.. The move was considered voluntary since it came with a promotion so the move was at our expense. The reason we gave the money was while in discussions with her husband we had decided we would make an offer to buy. We were told one price by her husband and now another by her. The rental was supposed to be temporary until we could get the papers to buy the home drawn up.. The rents paid once a contract to buy was complete would become the down payment. The woman (his wife) who came into the picture the night we paid the rent is now changing all the things we agreed with her husband on. Which was a price to buy the house and what the moneys already paid would cover ( rent if we did not buy. Or the down payment if we did. ) She is also now telling us her husband has dementia.
I have not rented a house in over 25 years. We own our other home and it was done similar to this. With no hiccups.
We paid that home off 20 years ago. So renting is kind of foreign to us now :(
We have never had an issue where the owner we were dealing with (even when we were younger) changed what was verbally agreed upon.
Crystal Loriaux
Aug 12, 2012, 03:52 PM
One other thing. I have to go back to to our home monthly because I have a 102 year old grandma and a father with cancer.. so I guess I was trying to get things done so I could get back home and take care of things.. the rent paid in advance was so my husband did not have to worry about bills while I was gone... and yes I know I am now an idiot
ScottGem
Aug 12, 2012, 04:34 PM
So you tell these people that you paid them based on what you were originally told. Since they are now changing their side of the deal, then you are no longer interested and to immediately return the amount you paid. And do it in writing. If they refuse or give you flack you tell them you will file suit if the money isn't rturned immediately.
Fr_Chuck
Aug 12, 2012, 05:14 PM
You needed before you paid, that you would pay as soon as the contract was drawn up.
Purchases of homes in the US are by written contract. You did not have a firm price in writing or even terms, so yes they can really come in and ask almost anything since they feel they have you hooked.
Never sign any purchase without an attorney, to look at the contract and you need to talk to the husband and just tell them your verbal agreement was already set with husband,
But you and your family need to sit down with both husband and wife selling and come to agreement, and then ask for it in writing.
What type of receipt did you get for your money ? How was it worded, was it for rental or deposit or what