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spinphoto · Aug 15, 2008, 01:03 PM

My boyfriend was moving in to an apartment.. the landlord called and asked for the security deposit so she can purchase a new fridge, we brought over a rent contract and asked for a receipt. A few days later, she calls to say she has sold her house (she never mentioned it was on the market) and she would have his money in two days. Today, she called to say her cat was hit by a car and needed the money... she said she would have it by the end of the month, once my boyfriend called her on it, she hung up on him!

what should he do?

progunr · Aug 15, 2008, 01:07 PM

Take her to small claims.

The forms and instructions are available at your county court clerks office, division of small claims.

Reply if you still have more questions.

Edited to include: Before you file, you need to make sure that you have a way to collect the judgment
If you win. Does the LL own any property other than this one? Do you have any idea of where they
Bank? How about if the LL is employed? Do you know where in case you need to garnish to collect?

If you have no way to collect, then the judgment will do you little good.

N0help4u · Aug 15, 2008, 01:07 PM

Her cat was hit by a car and so she needs the money. Tell her your boyfriend is out a place to live and so HE needs the money.
YOU can't do anything if you didn't sign anything.
I hope he has a rental agreement and proof he paid her.
He needs to take her to small claims court. I think that when landlords back out of renting to somebody they are required to return the deposit in a certain amount of days and I know it isn't any 30 days.

shane38 · Aug 15, 2008, 01:15 PM

She obviously knew she was selling her property, so by law she had a legal obligation to tell you.. and then my next question is.. if she was selling her property, how did she expect to fulfil her end of the lease without a house as I'm asuming the lease was going to be for at least six months. I have a feeling she was scamming you and maybe others with the same ploy, I would ring the police and find out if she has any convictions for fraud or deception

N0help4u · Aug 15, 2008, 01:23 PM

My guess is she just needed some quick cash asap so she lied.

this8384 · Aug 15, 2008, 01:29 PM

Did you get the receipt that you asked for? I sure hope so. When she sold the house, the security deposit should have been given to the new owner, not kept by the previous one; the deposit was for the property.

froggy7 · Aug 15, 2008, 02:41 PM

Originally Posted by shane38

she obviously knew she was selling her property, so by law she had a legal obligation to tell you..and then my next question is ..,if she was selling her property, how did she expect to fulfil her end of the lease without a house as im asuming the lease was going to be for at least six months. I have a feeling she was scamming you and maybe others with the same ploy, i would ring the police and find out if she has any convictions for fraud or deception

She had no legal obligation to inform the tenant that she was selling. The lease transfers to the new owner, who have to fulfill it.

N0help4u · Aug 15, 2008, 03:07 PM

Even so it sounds like she used the money for herself rather than passing it on to the new owners. Often too the New owners evict everybody when their lease is up and rent to who they want to so if the place is being transferred within a month or so then I question her right to even be renting it at this time.

spinphoto · Aug 15, 2008, 03:21 PM

Can the police do anything? I was thinking of getting ahold of the local newspaper...

progunr · Aug 15, 2008, 03:24 PM

The police won't get involved, this is a civil matter.

I don't believe that this is enough of a story for the media either, unless this landlord has a history of this type of behavior, and if that is the case, and it can be proven, it might be worth a shot.

If you have the copy of the lease and deposit receipt, you need to contact the new owner and ask them how they plan to solve the situation.

N0help4u · Aug 15, 2008, 03:27 PM

Contacting the new owner might help but they are not legally responsible.

progunr · Aug 15, 2008, 03:30 PM

Originally Posted by N0help4u

Contacting the new owner might help but they are not legally responsible.

If there is a legal lease, and receipt for the deposit, the new owner would be responsible to either honor the lease and keep the deposit, or to terminate the lease and return the deposit.

Chances are, they won't do either, and this will still need to be taken to small claims, against the LL that took the deposit.

spinphoto · Aug 16, 2008, 01:29 AM

There is no lease, just month to month so it's kind of irrelevant..

Legal aid said small claims can prove she owes the money but can't force her to pay it back... is this true?

this8384 · Aug 16, 2008, 05:41 AM

No, but small claims may be able to force her to turn the deposit over to the new landlord. The only time the deposit is returned to the tenant is when they vacate the property.

dracula723 · Aug 16, 2008, 06:11 AM

Originally Posted by spinphoto

My boyfriend was moving in to an apartment.. the landlord called and asked for the security deposit so she can purchase a new fridge, we brought over a rent contract and asked for a receipt. A few days later, she calls to say she has sold her house (she never mentioned it was on the market) and she would have his money in two days. Today, she called to say her cat was hit by a car and needed the money... she said she would have it by the end of the month, once my boyfriend called her on it, she hung up on him!

what should he do?

It sounds like a fast one. Okay the cat was hit by a car? Lets have the sympathy for the sake of it although we can assume this is a lie. First we need to raise the issue that although that is a sad thing to happen it in no way what so ever involves any of her tenets. Please take a copy of all paper work to and from the landlord to the land lord and request the money back. If there is no luck then perhaps you should try a solicitor. If there is still no luck then write to the landlord and tell him/her that If you do not get the money back then you will be contacting a local ombudsman (if you have those in your country) the police and possibly free local press. The fact that you would take it so far will intimidate him/her into paying it back as soon as possible.

excon · Aug 16, 2008, 06:42 AM

Hello spin:

The small claims court will award a judgment or not. That's ALL they do. They don't force people to transfer deposits. They don't collect debts. They award judgments - or NOT.

That's what prog was trying to tell you in your very first response. However, once you have a judgment in your hand, YOU can take it to HER bank and seize the money in her account... You can take it to her place of employment and garnish her wages...

However, if you don't know where she banks, or how much she has in her accounts, and if you don't know where she works, or if she does, then you're not going to be able to collect on the judgment.

excon

N0help4u · Aug 16, 2008, 06:50 AM

Originally Posted by spinphoto

There is no lease, just month to month so it's kinda irrelevant..

Legal aid said small claims can prove she owes the money but can't force her to pay it back... is this true?

The reason legal aid said small claims can't force her to pay is because all they do is place a judgment on the person that owes and then it is up to them to pay but if they do not pay it IS on their credit report that they did not pay. And just like Excon said YOU can pursue it from there since you have the legal document of the judgment.
I would still tell the new owners but they legally are not required to do anything.

excon · Aug 16, 2008, 06:58 AM

Hello again, spin:

The new owner IS responsible to adhere to ANY rental agreement that the previous owner entered into. It makes NO difference whether it's a month to month or a 30 year lease. However, they need to be informed about the tenancy at closing. If they weren't, then they're not responsible.

Couple things... This is an "apartment". I don't know if it's a room in a house, or a regular rental unit. If it's NOT a room in a private home, then the new owner probably wants to rent it too.

So, whether your boyfriend can move in surely might be handled by contacting the new owner. IF, however, the new owner didn't inherit the deposit and the month to month agreement (written or not), then I wouldn't involve the new owner in my dispute with the old owner. From what I gather, I doubt whether the new owner knows anything about your boyfriend.

excon

N0help4u · Aug 16, 2008, 07:04 AM

So a landlord that is selling their building and decides they need some quick cash and they dishonestly get a few or a bunch of new leases written up and then turns around and says too bad I sold the building but I need the money makes the new owner responsible to pay them back if she doesn't pay them back?

excon · Aug 16, 2008, 07:09 AM

Hello Saph:

I didn't say that. Read it again. I DID edit a bit right after my post, and that might have led you down that path.

excon