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WashingtonRenter · Dec 2, 2006, 12:49 PM

I was in a lease that terminated on November 27th. In September, the owner asked me to stay until November 30th. On November, I asked the owner if this was still the case and she told me to pay rent to cover the entire month.
On November 18th; the landlord contacted me by phone and insisted that I move out by Thanksgiving day. I told her that I didn't have anywhere to move and that it would be difficult at best. On November 22, the owner and her intimidating boyfriend entered my home and told me again to have the house clear by the 23rd. They stated it was OK to have everything out of the house by the 24th as long as I have the upstairs emptied by the 23rd. Her boyfriend is an alleged gang member, so I did my best to comply. When we realized the task was impossible, we left to go stay with my sister out of state. I returned on the 24th, and tried to get my things out of the house; they had already installed drywall studs upstairs and began remodelling. I called the bank and placed a stop payment on the rent check and transferred all money out of checking. I was out by the 27th and the home was left in excellent condition.
The owner's boyfriend called to inform me that they will be suing me for the rent and had intended to keep most of my deposit. Being forced out caused a tremendous amount of hardship, I had to take time off work on the 21st and 22nd, I had to rent a truck that wouldn't have been necessary otherwise.
Finally, when I moved in to the house I had agreed to supply the landlord with a $500 deposit. She stalled on getting me the contract until after I moved everything in to the house. Then she presented the contract with a $600 deposit ($300 refundable, $300 non-refundable cleaning fee). I signed the contract because all my things were already in the house and it was my last day in my pervious lease. They took advantage of me and I thought there was nothing I could do about it. But now, I am being told that they can not keep the cleaning fee because they started to remodel the house.
I have paid them around $300 earlier for the last months rent. So they posses $900 ($300 deposit + $300 cleaning fee + $300 pre-payment). The total rent is $1,216 a month.
Assuming that a judge will not cause me to be charged from the day they kicked me out and started remodeling, the most rent I would be required to pay will be about $900. They can $900 of my money already. So how much do you think they could sue me for in a worst case scenario? And do you think I have rights to a counter suit?

LisaB4657 · Dec 2, 2006, 01:16 PM

You can definitely file a counterclaim. They illegally evicted you prior to the end of the term of your lease. If I were in your position I would sue for the full amount of the security deposit, plus your costs for moving, storage, truck rental, lost wages and the cost of a hotel for the days that you lost. A judge may grant them the November rent but you should still come out ahead.

WashingtonRenter · Dec 5, 2006, 02:08 AM

Thank you for your response. The landlord is now claiming that I was just doing her a favor and let her remodel the house while my family was living in it. They are saying that I didn't have to leave and am just trying to make them look like they kicked me out. As crazy as this sounds, what are the odds that a judge would buy their story? And wouldn't they need to get something in writing from me allowing them to remodel while I was living in and renting their house?

LisaB4657 · Dec 5, 2006, 06:44 AM

There is no way of knowing which way a judge will rule. But in my opinion their argument doesn't sound very good. They didn't have to get something in writing from you if you had agreed to it. But since you obviously didn't agree their argument is pretty lame. Go for it! The worst that can happen is that a judge will rule in their favor.

ScottGem · Dec 5, 2006, 07:59 AM

I agree with Lisa. The fact that they are changing their story shows they realize they illegally forced you to move. The question is now what you want to do about it. If they continue to proceed with suing you then file a counter claim. But they may drop the suit figuring they can't win. If they do, you need to decide whether you want to recover your expenses.