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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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My friend found a house for rent on the beach in Florida where she lives. She planned on living there year round. The landlord was very friendly telling her how nice the place was. She went out and looked at the place but could not get inside. From the outside it looked ideal. He insisted on 4500.00 to move in but always made excuses as to why she could'nt go inside. She paid the man the money and was finally given a key but he had not drawn up a lease. When she got inside she found that he had left a bunch of his junk in the house and that the refrierator was defective and the dishwasher when attempting to turn it on shot out a bunch of sparks. Feeling that the house was unsafe she left and told the man that she did not want it and that it was unsafe. He refused to return her money and said to contact his lawyer.
What is your opinion on this? This landlord mislead my friend and conned her into paying. granted she made some mistakes but can this man be charged with fraud? |
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#2 |
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It is permitted to break the lease (or sue for the decreased lease value in small claims) if they have failed to comply with the lease and/or there are material health, noise or safety concerns--but save all information, evidence etc. in case they dispute the situation and try to take you to small claims court.
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#3 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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If she has not signed a lease, it should be considered a tenancy at will or a month to month rental. Since she paid, and recieved keys, this usually shows they had an agreement. She should give written notice immediately to move in 30 days. (Keep a copy.) If she does this now, she can be legally out of the unit by August 31. Make sure to give a forwarding address where he can return her security deposit. Document all problems with the premises in writing and forward a copy to the LL immediately. Save a copy in case he tries to deduct from her deposit. She will owe rent up to the end of the 30 day notice, but no longer. Can I ask, why did she rent a place sight unseen? And did she have a condition statement to show what condition the property was in when she took possession?
Last edited by OHlandlord : Jul 30th, 2007 at 12:10 AM. |
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#4 |
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Posts: n/a
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Coming from the midwest she always wanted a beach house. On the outside it looked good. She tried many times to get inside but he always was busy. He never told her that the place was unlivable. He purposely tricked her knowing that the inide was trashed . She didnt move anything in.
This guy has an arrest record a mile long. |
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