Ok, quick backstory, we bought a house in october and our lease isn't up until next week. So we contacted the place we rent form and asked what all needed to be done so we could move into our house and still pay rent. They said we needed to keep all of our utilities active and also continue paying on our garage rental, since it was built into our original lease. We went back to visit the apt about twice a month, everytime we went someone was parked in our spot! And so we complained everytime. Well I called last friday and told the manager that my hubby was coming to move the rest of our stuff out of the garage and could they please make sure the stalls empty. She said oh I was gonna call you, you need to get your stuff out of the garage cause the new renters have been complaining!! So we came to find out that our garage was also being rented to someone else. When we showed up with our lease and complained that we were still being charged and that was still our garage spot until May, they told us we wold have to sign a garge release and turn in our garage key and they would refund us for the month, we found out that the people had been renting the garage for 3 months! So we asked for our a cmplete refund of the garage from decemeber (when we officiall moved out to our new house and originally requested to get out of our garge lease) they said NO and threatened that they would not give us back any money or our deposit if we made a bigger deall of this... So my question is. Should we back down and sign the paper or get a lawyer and fight this? It's stated right in our contract that we have the garage until May and we need to sign a release stating we have turned in our garage keys, which we dont have. On another note, my hubby was smart enough to get the assistant manager to write and sign a note saying how long the new tenants were in our spot and that we also were still paying. When the manager found out about the note she desperatley tried to get it back form my husband. Now they are not returning any of our calls... Please tell us what the next step should be. We know we're right, but is this "big enough" to actually try to fight?
Thanks in advance
Thanks everyone for the great advice and support!! My dad put a call into his 2 attorneys and they both agreed, small claims court was the best option also. I finally was able to get the contact information for the actual leasing company (I'm in Mn, they're in Nebraska)So we'll see what different option they have for us. Thanks again and I will try to come back and fill in the blanks as to what happens. Thanks again.
I would fight it. Why should you have to pay rent on a house if they have someone else living there? That's like paying someone elses mortgage. Good luck
Just the fact that they are trying to get you not to do anything about it proves that they know that they are in the wrong.
If it were me, I would definitely fight it. How many other people are they taking advantage of??
Good Luck!
Yikes!! don't do this on your own -- get an attorney or just go to small claims court. Is any of your stuff missing or damaged? Do not trust this landlord.
Having gone through something similar -- although not exactly the same I can say that I think your overall approach is a question of how much money you would be out.
If it is just a matter of the "garage rental" to the tune of a few hundred dollars I would say it is not worth contacting a laywer -- however, if it is more $ than that I'd contact a lawyer to see what your options are. I would also contact the Better Business Bureau and report them.
We had the issue of being back charged for 2 full months rent after we had moved out with written approval to break our lease. We were advised by a lawyer to send a letter back with the written documentation stating that we would not be paying per legal advice -- we have not heard from them since.
Good luck.
fight it, they dont have a leg to stand on.
i use to work in apt office. you are only liable on your lease for cost until they are able to re rent your place. they legally cannot collect from two seperate leases on the same property.
even without the paper from asst manager there is the actual lease that the current tenants signed. a court could make them produce that. but it is nice to have the other note also.
the manager knows they are wrong and is really scared her parent company will find out because she will have to justify the money out as refund and/or when you make a bigger stink. she stands to loose her job. find out the parent company name and contact them.
good luck . you did everything by the book !
Yuck. Obviously, it's up to you whether or not it's worth fighting, but I thought I would share my story (maybe it will help). Landlord disputes usually go to small claims court, which means you'll need to drive to your courthouse and file a claim. Then, the landlord is notified and you go through a series of courtdates (I think we had 3)- it's you and several other people in the courtroom and they just call to see if you're there. Then (for us) at the last one they herded my landlord and I into a separate room with a "dispute resolver". I showed her all of my documentation (my landlord was trying to keep my $1500 security deposit) and told my side of the story and then he was given a chance to respond. In WI, they're very lenient with landlords, basically if he could have given them ANY reason to keep the deposit I would have lost (the conflict lady actually asked him if he had receipts for cleaning products). As it was, I won. But it took me 6 months and going back and forth between the courthouse. I guess I just wanted to let you know that it wouldn't be easy--I definitely think you should fight it though, that's not right that they were doing that and you have all of the documentation to prove it. Some landlords think they can get away with anything. Good luck, I hope it works out for you!
Depending on how much the statute of limation is in your state ( $1,000-$5000) you can take them to small claims court and you don't need a lawyer. You can put it in there that the loser pays for the court costs so all it will cost you is the filing fee and they aren't that much. Just bring your proof and state how much and from when you are trying to get your money back and if you have the proof and bring the asst. manager in with you and you shouldn't have any problems. If the asst. manager can't make it make sure you have the note noterized or it will be considered hear say and you wont be able to use.
I would call the better business bureau and report this also, it will stay on thier file and when anyone checks into your land lords it will be right there for all to see!
But I would for sure persue this issue!
I would try Small Claims Court. There may be no need for a lawyer. Small Claims Court might also be able to settle it in one meeting. You should bring your cancelled checks or records from the bank, that note, and any other paperwork.
M. O,
Chances are, even if you win a lawsuit you'll spend as much money if not more paying the lawyer than you will getting your refund. My opinion: life is too short, let it go. Get the refund you can by cooperating with the landlord and turning in the keys. You catch more flies with honey than with vinegar, so be polite and professional and you are likely to get more cooperation out of your landlord.
Good luck,
S.
I think you'll have to look at this strictly from a financial standpoint and figure what your costs were from December to April minus court costs and your deposit. Knowing that you're entitled to this money may be different when you write it all down on paper added in your time and stress for fighting...I'm not sure if this is worth it. I agree that if there is someone above your landlord that may be your best action. In my experience people like this tend to bring out some ugliness and make these things awful.
I would go above the manager/landlord and contact the actual management company for the property to see about getting the money back.
By them renting out your garage stall to someone else they have voided your contract and you were no longer obligated to pay. They were trying to double dip and got busted.
If you have a way of getting a hold of the renters who are currently using the garage I would ask them for a copy of their rental agreement for further documentation/proof.
You may not need to get a lawyer. Depending on how much money you have paid, you can probably take them to small claims court
Call a lawyer!!! You have rights to. And the way it sounds you are in the right! Good luck
File a suit in small claims court. The filing fee will be something like $65. Chances are they will settle before you even have to go to court and if they don't then you can explain and show the note to the magistrate who will in all likelihood rule in your favor.
Alternatively you could meet with an attorney who can send them a nasty letter at which point they will probably either pay or you will be forced to take them to small claims court and if you are going to have an attorney represent you and file the paperwork then chances are the attorney bill will be more than whatever you paid in garage rent for 3 months.
Have you thought about taking the landlord to Small Claims Court. It doesn't cost that much to file and you sound like you have a pretty good case. Just be sure to take all your paperwork, etc. Also your landlord may just decide to refund the money when he discovers that you have decided to file in small claims court.
No, they have no grounds and are very much in the wrong. They are threatening you because they know what they're doing is illegal. If you pursued this, you could probably get them in a lot of trouble. So their best defense is to threaten you and hope you don't come back.
You probably don't have to bother with the expense of a lawyer. Often times companies like this will back down at the first sign of resistance.
http://www.ag.state.mn.us/Consumer/Housing/LandlordTenant...
I guess I wouldbe more concerned if you were paying rent on the apartment as well as the garage while the other people were living there. I had this happen to me. I gave my 30 days notice by leaving the note under the managers door before the 30th of the month. I moved out When I didn't get my deposit back or get a letter explaining why they kept it I took them to small claims court. The wife claimed they weren't home and didn't get it until after the 1st of the next month so I was owed them one more month's rent. But her husband had told me they had already rented the apartment. Because they didn't send me a letter explaining why they were keeping the deposit they owed me double the deposit. I did have to pay for 1/2 months rent becuase the other people didn't move in until the 15th. Contact your county offices, they may be able to help you with tenant's rights laws. You did not mention where you live but the laws are quite clear in WI so I assume they would be in MN or where ever you live.
Good Luck! Don't let they intimidate you!
Fight it, take them to court! They cannot legally hold you in a lease at the same time they are renting out the same space to someone else, that is against the law and they are in the wrong. If you go to your local library, they will have a copy of renters/landlord laws for your local city...these laws will tell you what the landlords responsibilities are and what the renters rights are in regards to this and other matters....read it, use it and don't let these people get away with shady dealings. Once the courts (and city) are aware of them, it will be more difficult for them to try it again.....just be sure to report them to the city, again the library can tell you which department to report them to.
Is it just the garage rent that you are out or is it the apartment rent also? One thing I wonder about is that if you still had your stuff in the garage and they couldn't use it, why were they paying rent on it too. I would think that they would be the ones who get money refunded in that case. The manager should have informed you that she re rented the place and that should have let you out of the lease.
I'd fight it! Or at the very least report it to the better business beaureau (or however you spell that word!) What a crock! DO NOT give that note back! Is there a way to find out who is currently renting the garage and explain to them what is going on and why your stuff is still there, b/c you still have a valid lease for it?!
I believe if you were paying for the garage & they got money from someone else for garage rental, that is fraud and that is against the law- I have seen this on the court tv & if you have the proof the judge will rule in your favor. I know that the court tv can sometimes be off the wall however I have seen this done with someone I know and they got there money back- The judge did not take likely that they billed 2 people for the same property. good luck!
Ps I would contact your city representitve & let them know what kind of business is going on - who know they might be scamming other as well-
I agree - small claims court - contact your local law enforcement and file a civil report for documentation. Get a copy of that report and talk to court administartion about filing a civil suit. Beyond that I am not sure how to handle it, but they should be able to give you some advice. You could call a lawyer and get a consultation also. Most consults are free?? I think.
Good luck. You do have a case! Your rights and contracts were violated so I would fight it. Rental fees are not cheap so I would do all I can to get them refunded. If the court decides in your favor, you might be able to get them to pay court costs as well.
Look up the legal renter codes from the state. You will be surprised! Of course they are wrong and they know it! YOu can take legal action. Also, if they don't refund your deposit in a certain amount of time they have to pay you double! That happened to us twice!
Anyway, there is something you can do, but you have to look up the rental laws and you will find it. There is some sort of court you can take them to. It won't cost as much. They have put your property in jeapoardy of being stolen and violated your tenent rights!
I do agree with the previous posts. I think it is worth the fight just for the fact that they are lying. How many other people have they done this type of thing to?--you may not be the first and probably not the last and so I do believe they should be brought to justice. If you have the proof-you will win...I would not think you even need a lawyer--just do it on your own. Good Luck.
GET A LAWYER! It is illegal for them to charge you rent and have someone else living in your unit! They are threatening you to not go any further because they know you will win and what they did was illegal! I had a similar incident with my old landlord I took them to court and not only got my money back but I recieved extra for "damages" because of the stress I went through do to everything going on! If you live in Omaha,Nebraska, Douglas County then contact Creighton Legal Clinic (they do have income guidelines you have to follow to recieve their help) but that is who I went through you are not only entitled to your deposit back but you should also get all your rent back from the time they moved the new tenants in and the money you paid for utilities! They broke your contract!!!! Your lease clearly says that the unit is yours until the lease is up! So they were not legally able to rent out that unit until the lease was up! And as long as you payed rent and utilities the unit could not be rented! I hope this helps! I'm interested to find out how it ends! But what ever you do DO NOT sign that paper! Contact a lawyer first!
I agree with everyone else's posts that you should take your landlord to small claims court. Maybe even if you (nicely) :) threaten that you are going to do it she will come around and refund your money. You are doing the right thing--Good luck!
Hi!
You have rights as a tenant, I would talk to an Attorney. Hope this helps. Start documenting dates, times phone calls, (if you remember the content of the conversations). Things like that, give them (if you can) in chronological order. There have been laws passed to help renters. Not sure of the exact dates. Good luck to you!
Tracey
Hi, as a landlord and owner of more then 20 houses you are being taken advantage of and I would say stole from. They had no right to lease your garage space or less it is in your lease. They can not keep your deposit. Check the terms of your lease and see when the deposit should be returned. If you have not received it or an explanation by that date send them a certified letter requesting explanation within a week. You can file complaints with the city, file complaints with the housing authority, landlord tenant association. If you get the check and it has a refund for a month or any amount that pertains to the garage do not cash it. File a small claims court case it cost 15 dollars then subpoena the woman manager and assistant. It gives a lot of us good landlords very bad names when people pull this junk for an extra 50 dollars a month, which I am sure they are pocketing. Good Luck.
