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rjm1170 · Jun 19, 2008, 02:10 PM

My landlord of 15 months verbally abused my 11 yr. daughter on the phone calling her obscene names, then did the same to me when I called to ask him about it. I filed a report with the police and he has been contacted about his statement. He then called my house at almost midnight and hung up.(it is on my caller i.d.) We are on a lease to own, and it's states in our contract that we pay $300.00 additional towards a down payment when we buy. Seriously, I am afraid of him now and want out! My daughter doesn't want to come home because he scared her so bad. Can I try and get the money from him that we have paid? I honestly don't want to be in this house anymore after his out of control behavior and threats he has made. I don't feel safe, and frankly I don't want anymore to do with him. Any advice?
Thank you,

Being forced out in Ohio

P.S. I don't want my rent money back, just the money I have paid in addition to my monthly rent (300.00 permonth for 15 months) that was supposed to go towards a down payment to purchase the house> If we don't buy the house, we lose the money. However, I don't want to buy the house now because of his actions.

N0help4u · Jun 19, 2008, 02:17 PM

You might be able to take him to court and see what the Judge has to say about the whole thing but I doubt you could get your money back unless you prove damages or loss of income directly related. Anywhere you live would have cost you something.

JudyKayTee · Jun 23, 2008, 06:42 AM

Originally Posted by rjm1170

My landlord of 15 months verbally abused my 11 yr. daughter on the phone calling her obscene names, then did the same to me when I called to ask him about it. I filed a report with the police and he has been contacted about his statement. He then called my house at almost midnight and hung up.(it is on my caller i.d.) We are on a lease to own, and it's states in our contract that we pay $300.00 addtional towards a down payment when we buy. Seriously, I am afraid of him now and want out! My daughter doesn't want to come home because he scared her so bad. Can I try and get the money from him that we have paid? I honestly don't want to be in this house anymore after his out of control behavior and threats he has made. I dont feel safe, and frankly i don't want anymore to do with him. Any advice?
Thank you,

Being forced out in Ohio

P.S. I don't want my rent money back, just the money I have paid in addtion to my monthly rent (300.00 permonth for 15 months) that was supposed to go towards a down payment to purchase the house> If we don't buy the house, we lose the money. However, I don't want to buy the house now because of his actions.

Posting more than once doesn't give any better answers - it just gets confusing for people trying to help you.

excon · Jun 23, 2008, 08:37 AM

Hello rjm:

There's a little more to this story. It would be helpful if we knew everything.

IF he's trying to force you out, why? Is this a one time thing? Did somebody DO something. Is this regular behavior? What's he to gain by forcing you out. Presumably, the sale works for him too - unless something has changed.

From the limited information you provided, you have two different legal situations. They are NOT connected. The only way you're going to get your money back is IF you connect them. That's going to be hard to do, if not impossible. The devil is in the details.

If this is the only incident, you won't be able to get a restraining order or a no contact order. Even if you DID, or even if the cops put him in jail, it has NOTHING to do with your contract to buy the house.

If, perchance, he also violated your purchase contract, that's another issue. But, you didn't say he did. So far, I don't see anything that will allow you to get out of your contract.

As a matter of fact, not only might you lose your down payment, you might be sued for additional rent.

Did a lawyer prepare your contract? If so, that's where to go. If not (and I doubt one did), I'd certainly take it to one NOW.

excon

JudyKayTee · Jun 23, 2008, 01:10 PM

Originally Posted by rjm1170

My landlord of 15 months verbally abused my 11 yr. daughter on the phone calling her obscene names, then did the same to me when I called to ask him about it. I filed a report with the police and he has been contacted about his statement. He then called my house at almost midnight and hung up.(it is on my caller i.d.) We are on a lease to own, and it's states in our contract that we pay $300.00 addtional towards a down payment when we buy. Seriously, I am afraid of him now and want out! My daughter doesn't want to come home because he scared her so bad. Can I try and get the money from him that we have paid? I honestly don't want to be in this house anymore after his out of control behavior and threats he has made. I dont feel safe, and frankly i don't want anymore to do with him. Any advice?
Thank you,

Being forced out in Ohio

P.S. I don't want my rent money back, just the money I have paid in addtion to my monthly rent (300.00 permonth for 15 months) that was supposed to go towards a down payment to purchase the house> If we don't buy the house, we lose the money. However, I don't want to buy the house now because of his actions.

For whatever reason I can't quote and answer Excon.

I don't think these are 2 separate issues. There is a lease with a rent to own provision. If what the OP has posted is the entire story (and whoever knows) - well, even if it's not, this is pretty strong stuff to aim at an 11 year old - I believe the landlord has breached the lease by making it unsafe for OP and her child to live there. The lease is breached, the provision to buy is breached.

As far as the Police - well, there are 2 incidents here. I don't know at what point the Police get involved... or care.

Calling Lisa! Calling Lisa! (And maybe getting ready to eat my words)

LisaB4657 · Jun 23, 2008, 02:23 PM

Originally Posted by JudyKayTee

I don't think these are 2 separate issues. There is a lease with a rent to own provision. If what the OP has posted is the entire story (and whoever knows) - well, even if it's not, this is pretty strong stuff to aim at an 11 year old - I believe the landlord has breached the lease by making it unsafe for OP and her child to live there. The lease is breached, the provision to buy is breached.

As far as the Police - well, there are 2 incidents here. I don't know at what point the Police get involved ... or care.

Calling Lisa! Calling Lisa! (And maybe getting ready to eat my words)

Nah, don't eat your words. It's hot. Have some chocolate chip cookie dough ice cream instead.:)

The way I see it, it's 2 separate issues that can be combined into 1. The landlord made threats that made the OP believe that she and her daughter were at risk. She can (and probably should) get a restraining order against him.

His actions also served to make her reasonably believe that she could no longer continue living in the house and could not complete the purchase. Since he took those actions I would argue that he breached the terms of the lease and the contract. So, after getting a restraining order and finding a new place to live, I would file a lawsuit for a refund of all amounts paid under the contract and I would ask the court to declare that the lease was terminated.