Never moved in because house owner negated "lease" - need my security and my property

[sharron10]

I entered into a "contract" to move into a person's house, having my own room and bathroom and full use of the house. She needed the money because she is in over head and I was simply looking for a change having lived in my apartment for eight years.

I gave her a security deposit, plus an extra $100 towards the rent (September) in August. I was to move in the last weekend of August.

As I started to move my belongings into the house on Saturday, August 30, the home owner started asking me for references, which I gladly gave her. She had not asked for them in the 45 days we waited for this move to take place (I had to give proper notice to my old apartment.) Nor had she asked to do a credit check. I wondered about this but figured it was her choice.

On Sunday, August 31, she called to tell me that she was going away for a week (I knew this previously, it had all been arranged since I would be caring for her cats) BUT all of a sudden, she didn't feel comfortable having me there without her for a week. I was stuck with nowhere to go, since I had to be out of my apt. that day.

She never gave me a key but asked me for money towards the cable bill (having not yet lived there.) She also started issuing demands such as where to put my stuff - like my dresser - in what was supposed to be my room - even though she kept telling me that she wanted me to be comfortable.

Long story long, she scared me out of moving in with her. Not only did she cost me a day of work, time, money and lots of inconvenience, I realized if it was this bad before I moved in, how bad would living with her be?

So, I moved in somewhere else. I made arrangements to be at her place yesterday - Sunday, Sept. 7, the supposed new move in day - and she never showed up. She claimed she never received my messages and called me but I never called her back ( I have my cell phone records of her being wrong on both counts.)

Now she is claiming one of my references was "not good" - my old property manager, who doesn't have a nice word to say about anyone. But, she never told me this until AFTER I told her I wasn't moving in. I asked her why she wouldn't have asked me about this as soon as she knew and she said "she was doing me a favor" - none was needed, on my part. I also told her that it didn't make sense that she would allow someone she didn't trust to move in to her house. No answer to that one. I lived in my old place for eight years, I terminated the lease (I had gone month to month and gave proper notice) and I am receiving a refund on my security deposit - does this sound like I was a bad tenant? Nope. I also have a stable job (eight years.)

Now, she will not take my phone calls. She has my property that was moved in last Saturday as well as the money I gave her for a Security Deposit. I am pretty sure she doesn not have it to give since she already spent it to pay her bills.

Note, we didn't really sign anything, just a piece of paper stating that I was moving in for a period of 12 months and would be paying X amount, including X amount in security. I had to ask for even this; she wasn't going to have me sign anything! And she is a realtor, by the way.

I had to sleep on someone's couch for a week and store my stuff. Plus, I had to pay for an extra u-haul to go back and get my stuff. Which I will need to do again, because she didn't give me any of my stuff.

The way I see it, she broke the agreement the moment she didn't let me move in on the agreed date. Am I correct?

Help me, please!!

Thank you.

You are correct. That signed piece of paper is a lease. She failed to let you have possession of the unit as required. She failed to refund your money or allow you access to your belongings that are now in her possession. Send her a letter by certified mail, rrr, stating that you will be there on xx/xx date at xx:xx time to retrieve your belongings and get a refund of your monies paid since she will not allow you to move in. Keep a copy of the letter for yourself. Show up at that time, call the police if she will not let you in, and show them the lease paper, and demand your furniture. Then if she will not refund your money, sue her in small claims court for that. She was to have done her due dilligence (checking you out throughly) before she signed a contract with you. She can't deny after she has already signed it. If you have to sue to get your money back, also sue for damages (loss of work, uhaul rental, deposits at new place, etc.) plus any penalties available to you for her failure to properly return your deposit.