[coffeedrinker]

I live in the State of Maryland, On June 28, 2008 I rented a house that I found on Craig's List. I signed a 1 year lease beginning on July 1, 2008. I wrote 2 checks--1st month rent and security deposit each in the sum of 1800.00--She did not have a copy of the lease for me but told me she would mail it the next morning.

At the lease signing, the landlord left told me that there were several items of hers that would be left there and that she would pick them up within 7 days, to just move them to the corner of the basement. (My son is staying in the basement) When we took possession of the property, the things were already moved into the corner. I never looked to see what was over there, it just looked like junk to me, but I did notice 2 old chairs.

5 weeks into the lease, her property was still there.. my boys (teenagers) took the chairs outside to sit on the patio, and her husband must have drove by the property to spy and saw the chairs. (I say 'spy" because there is no other good reason to drive down my street). She immediately called me carrying on about me using her property and told me that she wanted to do a home inspection the following Saturday August 2nd. I asked her to bring my copy of the lease.

When she came for the inspection, gave me a copy of the lease, she was screaming at me and pointing her finger in my face, and I did not look at the lease until she left and realized that it WAS not the lease that I signed. The new lease was MONTH TO MONTH with stipulations that were not agreed to. It had the back page with my signature on it, but nothing else was the same.

On August 4th, I sent her a certified letter along with my rent check, and indicated that this was not the lease that I had signed. On August 8th her husband hand delivered me 2 notarized letters. One stating that she did a home inspection and that I "stole" some of her property (apparently, a home made bed frame from plywood and 2x4's valued at $200.00 and that I ruined her chairs valued at $150.00 EACH) and that the house was "untidy"--which it was not. and that there were "pet stains" on the carpet--I dont have a pet. It also stated that there was an "unauthorized adult" living at the property--who she meant and how she came up with this, I dont know.

On August 8th, I received an "email" telling me I had to move out by September 8th.
I ignored it.

On August 16th (today) I received 2 certified letters. One stating that I was getting 30 days notice "effective September 1st" --dont know what that means..and the other stating that I need to "pay rent with a money order" --also "effective September 1st" --dont know what that means either.

So.. here are my questions. What can I do? Are these things allowed? How can I prove that she gave me a fraudulent lease? What about the property she said I stole? Should I move, or wait for the eviction process? I don't have anyplace to go yet! Any advice would be great. Thanks.

[N0help4u]

It means that she expects you to pay Septembers rent with a money order and then she expects you to be moved out by Oct 1.
I am not so sure what you should do maybe put the money in escrow and let her take you to court because it sounds like she had this planned all along.
You should have told her to write an itemized list of her things for you to sign before you moved in. Now she could claim she had the Hope diamond in the stuff. Legally she has to prove she did though. So it may be best for you to let her take you to court and get out of the place asap.

[coffeedrinker]

My intentions are to move ASAP--but this woman is intolerable and I refuse to live under these conditions, and because she has been so nasty and sneaky, I kind of want to make her suffer.

It is no fun, and definitely not cheap to move AGAIN in such a short period, but I still want her to admit the error of her ways, in court if necessary.


What about the switch-a-roo on the lease? I feel like I am screwed as far as that is concerned. But I can still make her go through the eviction process to bide me time to find a place to live..

[N0help4u]

She sent you a different lease so in court sometimes it can be proven that that was not the original signature whether it was traced over or they made it look like yours you need to challenge the signature and the Judge will want a copy of the original one you signed. If she refuses to produce it that would make her story look even more suspicious.
Sounds like she has a lot of things going on here that are going to make her look suspicious and at the very least questionable.

[coffeedrinker]

It WAS my signature. The 1 year lease was 3 pages. The signature page was page 3 and that was all that was on page 3--our signatures.

She made a new month-to-month lease and used the signature page as part of the new lease. So, technically, she didn't "forge" or "trace" my signature, she just did some okie-doke.

[JudyKayTee]

My intentions are to move ASAP--but this woman is intolerable and I refuse to live under these conditions, and because she has been so nasty and sneaky, I kind of want to make her suffer.

It is no fun, and definately not cheap to move AGAIN in such a short period, but I still want her to admit the error of her ways, in court if necessary.


What about the switch-a-roo on the lease? I feel like I am screwed as far as that is concerned. But I can still make her go through the eviction process to bide me time to find a place to live..

First, legal revenge never works. It ends up costing you time and money and if it's apparent it really aggravates the Court.

Force her to evict you if you want - that's perfectly legal. I assume you both have photos of the condition of the property when you moved in. She will have to show that there is damage not in those photos.

As far as the fraudulent lease - I don't know that it much matters. She wants you out and you want out. Why fight that aspect? If you fight and actually win you are stuck there until the lease runs out OR she evicts you for cause and then you owe until the end of the lease or until she find another tenant. You could report her to the DA or Police for fraud but I doubt they will do anything. It's too late for you but I am constantly preaching to sign two copies of the lease when you enter into a lease; you both initial each page; you each take a copy. No lease under these conditions, no signature.

Is the other adult she's talking about your son who is living in the basement? Was she aware of that?

As far as her belongings are concerned - you had no to legal right to use them. The landlord is entitled to drive past the property so I don't know how sneaky that particular "move" was. Did a neighbor alert her to a "problem" in the house?

Am I surprised that she didn't take her property out or lock it up? Sure. However, you were aware it was there and you agreed to "store" it for her and that comes with your promise to reasonably keep it safe.

I'm sure one of you will take the other to Court for damages and a Judge will sort this all out.

[coffeedrinker]

My son in the basement is 15 years old. The lease states 1 adult and 2 children.
She knew he was going to be in the basement, which is why she told me I could move her items into the corner.

I know my children were wrong for using her chairs. I apologized many times to her, and told her I would speak to them--and I did. She asked me to store her things for 7 days. Not 7 weeks--but I am not using that as an excuse for them being used by my kids. They did not damage her chairs.. they were very old and worn (they looked like chairs that belong to a desk at school)--my complaint is that she said they were damaged and are valued at $150.00 each.

Also, I don't know about the neighbor alerting her to a problem.. houses on either side are vacant, but I don't know the relationship between her and other neighbors.
(there probably isn't one, since she is so mean)

Good advice about the lease signing--didnt think of that. I guess sometimes I trust too much!

[N0help4u]

Like Judy said him driving down the street is totally irrelevant cause he had every right.

It sounds to me like you need to move asap and let her take you to court.
I am not even sure that I would even pay her the Sept rent but tell her she can settle it in court. I think even though she pulled some things you may or may not be able to prove I think I would rather let her have her day in court cause I think a Judge may see right through her and she has to prove what you owe her.

Make sure you take DATED pictures when you move out so that she can't lie about damages. If she takes you to court you may want to figure out how much deposit she owes you to counter sue her.

[JudyKayTee]

My son in the basement is 15 years old. The lease states 1 adult and 2 children.
She knew he was going to be in the basement, which is why she told me I could move her items into the corner.

I know my children were wrong for using her chairs. I apologized many times to her, and told her I would speak to them--and I did. She asked me to store her things for 7 days. Not 7 weeks--but I am not using that as an excuse for them being used by my kids. They did not damage her chairs..they were very old and worn (they looked like chairs that belong to a desk at school)--my complaint is that she said they were damaged and are valued at $150.00 each.

Also, I dont know about the neighbor alerting her to a problem..houses on either side are vacant, but I dont know the relationship between her and other neighbors.
(there probably isnt one, since she is so mean)

Good advice about the lease signing--didnt think of that. I guess sometimes I trust too much!

Then she is just plain taking advantage - or trying to.

And, of course, if she attempts to collect for the chairs (I would presume you have them - ?) she has to prove their value AND the damage. Then it's your word against hers. In fact, if they're as you say the Court might actually enjoy her explanation of their value - I've been in Court when people have argued "sentimental value" over (literally) garbage.

Aside from the moving in and moving out inconvenience you might be lucky that this all came crashing down so quickly - she could be evicting you on Christmas Eve!

[N0help4u]

Yeah I think she thinks she is going to pull one over on them and get a Judge to back her up and the Judge is going to see right through her when she tries to claim things like missing bed posts and $150. Wood chairs.
If nothing much of significance is on the signature page then that may look suspicious too.

Old wooden chairs can be valuable
BUT how can she charge you for something that wasn't damaged.

[N0help4u]

Yeah I think she thinks she is going to pull one over on them and get a Judge to back her up and the Judge is going to see right through her when she tries to claim things like missing bed posts and $150. Wood chairs.
If nothing much of significance is on the signature page then that may look suspicious too.

Old wooden chairs can be valuable
BUT how can she charge you for something that wasn't damaged.

[coffeedrinker]

Then she is just plain taking advantage - or trying to.

And, of course, if she attempts to collect for the chairs (I would presume you have them - ?) she has to prove their value AND the damage. Then it's your word against hers. In fact, if they're as you say the Court might actually enjoy her explanation of their value - I've been in Court when people have argued "sentimental value" over (literally) garbage.

Aside from the moving in and moving out inconvenience you might be lucky that this all came crashing down so quickly - she could be evicting you on Christmas Eve!

She picked up the chairs on the 8th along with her other items--except the plywood bedframe that she claims I stole.

I am so worried about not paying Sept's rent. She will probably take me to court (and win)--but I don't think she has intentions of giving me back my 1800.00 security deposit either--which I understand can't be used for rent. Can the chairs and bedframe be deducted as part of the security deposit? I would think that was a separate issue--like a theft charge?

A Christmas Eve Eviction--wow!--that would be the icing on the cake.

[N0help4u]

By the time she would take you to court over not paying the rent it would be later in Sept and she wants you out by the end of Sept. In court you can pay her and then she can't evict you for non payment and would have to give you another month or so before trying to evict you again if they Judge said you could stay.
Keep looking for some where to move asap no matter what though.

[coffeedrinker]

I think this is all a matter of who will want to go through the expense and drama of suing the other one. If I don't pay September rent and am able to move out by October 1st, I would not go through the courts for anything--I DO want to be out of this situation ASAP, but sometimes easier said than done. I am not rich, and it will not be easy to come up with the necessary expenses to move (but it is not a hopeless situation either)
Since everyone is aware of the expenses and inconveniences of moving, I don't have to explain what they are--but staying in my children's school district is another factor--

As far as her--I don't know WHAT she is willing to do. It would be nice if she just wanted me out of her house, and I leave and that would be that. I know it is the plaintiffs responsibility in civil court to prove their case--which she can't, (based on the TRUTH--but clearly, she is shady!) but I don't want negative ratings on my credit report because of this woman, A judgement or eviction, particularly, because this might make it impossible to rent in the future.


If I can find a place to move in by October 1st, I won't pay Sept rent and see if she pursues it legally--that's the best I got so far.

[N0help4u]

I wouldn't go to sue her first either. I would let her sue me and file a counter claim for your deposit.
If you can do it and you think it is easier to just lose more money pay the rent for Sept.