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nastock74 · Apr 29, 2008, 10:45 AM

This is a very complicated situation. To make a long story short, I have a Section 8 voucher in the state of Massachusetts. I found an apartment and the landlord filled out the Tenancy Approval Form. The apartment was inspected and passed inspection.

Since the landlord did not have a lease of her own I was under what I believed a verbal lease until the housing authority furnished us with one. I gave the landlord two checks, one for first month's rent and the other for a security deposit. She gave me the keys. I cleaned the apartment all day Friday and then Saturday I moved in. On Sunday she changed the locks and her mind. She decided after I moved all my belongings into the unit that she didn't want to rent to me. She wouldn't give me an explanation either. What are my legal rights since I didn't have a written lease signed at the time when I moved in?
HELP!!

amIwrong · Apr 29, 2008, 10:56 AM

You should contact your local legal aid society, they should be able to help. Tenants union and section 8 let them know right away what happened. Cancel your check if she has not cashed it yet. If she has file a claim in small claims court. Legal aid should be able to assist you, specifically if you are low income. Always get it in writing from now on.

ballengerb1 · Apr 29, 2008, 11:18 AM

If she accepted your check and gave you the key your have established a tenant relationship. Written lease or not the LL is in the wrong and you could win in court. However, why would you want to knowing the LL will probably make life miserable. As long as you get your money back you are only out 2 days labor. If you want to your could sue in small claims for 2 days lost wages or your labor for cleaning the apartment. The previous post is correct, you should always get a written lease but I think this particular LL would probably pull the same junk even with a lease. Is there something about your belongings or you that you think the LL took exception to?

LisaB4657 · Apr 29, 2008, 11:19 AM

Call the police to escort you to the apartment and force her to let you in. Once she accepted the rent and security deposit and handed you the keys you became her tenant. If there was no signed lease then you became a month-to-month tenant. When she changed the locks she performed an illegal eviction.

Your other option is to sue her for the return of the rent, the security deposit, and any additional damages you may have (such as application fees for a new apartment, motels, etc.).

ScottGem · Apr 29, 2008, 11:23 AM

I agree with ballenger. Hopefully you marked the checks as rental and security deposit. But the act of you handing over the checks and her handing over the keys was a binding contract. However, since there was no written lease and therefore, no lease terminatioin date, you are under a month to month basis. So she could have legally given you 30 days notice. But she has no legal right to change the locks. So you have a case against her to a) get whatever you paid back, b) sue her for the costs of living someplace after she locked you out and c) sue her for your moving costs..

Go after her!

Fr_Chuck · Apr 29, 2008, 04:50 PM

Agreed with all of the above, it was illegal what the landlord did.
This is a at worst a month to month rental, but they can not legally lock you out.

nastock74 · Apr 29, 2008, 06:31 PM

Originally Posted by ballengerb1

If she accepted your check and gave you the key your have established a tenant relationship. Written lease or not the LL is in the wrong and you could win in court. However, why would you want to knowing the LL will probably make life miserable. As long as you get your money back you are only out 2 days labor. If you want to your could sue in small claims for 2 days lost wages or your labor for cleaning the apartment. The previous post is correct, you should always get a written lease but I think this particular LL would probably pull the same junk even with a lease. Is there something about your belongings or you that you think the LL took exception to?

I think she might be a racist because my two college friends that helped me move are African-American. She called me later that day of the "lockout" and said she would meet me back at the apartment to remove my belongings and to refund my money, but not by herself because she doesn't know what me and my "ghetto" friends are capable of. Confused: - she never seen them nor met them before that statement. Maybe the neighbors called her??

ScottGem · Apr 29, 2008, 06:51 PM

You may have a discrimination suit against her. I would consult an attorney.

nastock74 · Apr 29, 2008, 06:52 PM

Originally Posted by amIwrong

You should contact your local legal aid society, they should be able to help. Tenants union and section 8 let them know right away what happened. Cancel your check if she has not cashed it yet. If she has file a claim in small claims court. Legal aid should be able to assit you, specifically if you are low income. Always get it in writing from now on.

Thanks... I know now... I guess its true -we live and learn

Fr_Chuck · Apr 29, 2008, 07:34 PM

Please do sue her, people who are racist don't need to be landlords.

amIwrong · Apr 30, 2008, 05:47 AM

FYI, you can even buy pre-made contracts from staples for example. So, if you are in a situation where you need a contract for that or other things, you can buy a basic one just to cover yourself. They do sell basic lease's there.

Originally Posted by nastock74

Thanks... I know now... I guess its true -we live and learn

LisaB4657 · Apr 30, 2008, 06:08 AM

nastock74 agrees: Thanks for the helpful advice. I am in the process of suing her. It's going to trial. I'm not too confident since I didn't have a written lease.

You don't need a written lease. You had keys. You paid rent and a security deposit. That is a legal tenancy in every state in this country. It was illegal for her to change your locks. You have an excellent case against her.

amIwrong · Apr 30, 2008, 06:21 AM

I agree, it's a matter of burden of proof at this point which rests with those checks you wrote. Thank god you wrote checks at least and did not pay cash.

Originally Posted by LisaB4657

You don't need a written lease. You had keys. You paid rent and a security deposit. That is a legal tenancy in every state in this country. It was illegal for her to change your locks. You have an excellent case against her.

ScottGem · Apr 30, 2008, 10:37 AM

Lisa beat me too it, but she is 100% correct. The elements of a rental lease are a payment to the landlord in exchange for the keys to the unit. Therefore you have a valid lease, whether its written or not.

Furthermore, if you tell the judge that the reason behind the lockout may have been your friends and their ethnic background, he will throw the book at her.