Unlawful Eviction? Lawyers speak up!

[DigitalCancer]

Ok, so here's the deal...

I've got a family member that is having some issues with a Rent-2-Own place and they're now being evicted unlawfully, I'm looking for answers..ways that we can fight back w/o hiring a lawyer (they have no money for a lawyer as they need to find a place to live quick since they have a new baby boy due home in 2-3wks).

Timeline:

11/1/11 - Paid $3000 down
11/23/11 - Officially moved in
12/1/12 - Paid first months rent
12/3/12 - Was contacted stating that they needed another $1000 b/c we ran the utilities up (we were allowed to go in and paint, we used at most, $20-50 in electricity, probably in the lower teens though). I urged him to NOT pay it and he did it anyway
2/x/12 - Paid jan/feb rent...he's an idiot and spent the rent money on xmas but he did catch it up
3/1/12 - paid rent
4/1/12 - was asked to pay another $3500 or was going to evict...he didn't tell anyone this and borrowed the money from his grandmother and he paid them.
4/3/12 - paid rent
4/3/12 - got eviction notice on door

Today was the hearing...he said he wasn't allowed to speak and has a week to get out.

Now..the issues are...1. he paid with cash (so no paper trail) and 2. he never got the contract. These people told him he'd have it in a couple days and he never got it and he didn't exactly push it.


The boy is an idiot and won't take any advice you give him but I'm more worried about my sis-in-law who he's married to and their son. So, is there ANYWAY to get their money back from this people? At least the last months rent + $3500 that they didn't even owe?

Also, these scumbags have been doing this for awhile b/c the neighbors said that nobody lives in that house for more than 5 months. We also got an eviction notice on the door for the last tenant in the house the month we moved in.

 

[etrigan420]

IANAL:

He's screwed.

What is the reason for eviction?

 

[corwin]

The boy is an idiot and won't take any advice you give him but I'm more worried about my sis-in-law who he's married to and their son. So, is there ANYWAY to get their money back from this people? At least the last months rent + $3500 that they didn't even owe?

So you're taking the "idiot" at his word that he actually paid multiple thousands of dollars in cash that presumably (since you didn't say why he was being evicted) they are saying they never received?


Sounds more like a drug/gambling problem to me...but in any case with no proof it sounds like an open and shut case of the dumb ass...I feel sorry for your SIL and the baby

 

[TechBoyJK]

Ok, so here's the deal...

I've got a family member that is having some issues with a Rent-2-Own place and they're now being evicted unlawfully, I'm looking for answers..ways that we can fight back w/o hiring a lawyer (they have no money for a lawyer as they need to find a place to live quick since they have a new baby boy due home in 2-3wks).

Timeline:

11/1/11 - Paid $3000 down
11/23/11 - Officially moved in
12/1/12 - Paid first months rent
12/3/12 - Was contacted stating that they needed another $1000 b/c we ran the utilities up (we were allowed to go in and paint, we used at most, $20-50 in electricity, probably in the lower teens though). I urged him to NOT pay it and he did it anyway
2/x/12 - Paid jan/feb rent...he's an idiot and spent the rent money on xmas but he did catch it up
3/1/12 - paid rent
4/1/12 - was asked to pay another $3500 or was going to evict...he didn't tell anyone this and borrowed the money from his grandmother and he paid them.
4/3/12 - paid rent
4/3/12 - got eviction notice on door

Today was the hearing...he said he wasn't allowed to speak and has a week to get out.

Now..the issues are...1. he paid with cash (so no paper trail) and 2. he never got the contract. These people told him he'd have it in a couple days and he never got it and he didn't exactly push it.


The boy is an idiot and won't take any advice you give him but I'm more worried about my sis-in-law who he's married to and their son. So, is there ANYWAY to get their money back from this people? At least the last months rent + $3500 that they didn't even owe?

Also, these scumbags have been doing this for awhile b/c the neighbors said that nobody lives in that house for more than 5 months. We also got an eviction notice on the door for the last tenant in the house the month we moved in.

Sounds like the guy is an idiot. A fool is quickly parted from his money and here's a good example.

 

[DigitalCancer]

Yea, he didn't tell me the reason for eviction...I'll have to ask tonight, most likely along the lines of non-payment or some BS.

I agree...he's a pathological liar and I have lots of issues with him b/c he's 29 and totally irresponsible, I could go on and on but this definitely isn't the place nor the thread for it, lol.

Anyway...I figured he was SOL, my main concern was for the wife/kid and it'd be nice to get these scumbag landlords some deserved punishment b/c it sounds like they're also running a scam. You're right though..I can't be 100% certain that he's fully telling the truth but my wife's step-dad did go with him to pay the rent a couple of times recently and he made sure they were on the up and up (rent-wise, but he still didn't enforce the 'receipt'). So unfortunately they have no proof of payment only bank statements and some emails from the people but I'm not sure what all they entail.

 

[Vic Vega]

...

 

[DigitalCancer]

Rent to own with no contract? No receipt of payment for rent?

Dude is a moron. The most that you can probably do is help him with his FUTURE endeavors.

Some times you learn by doing and have to pay the stupid tax, myself included. Without some paperwork it's going to be haaaaaard, probably impossible.

Yes, I was concerned when he didn't have it to begin with...I told him to go back and get it. He FINALLY did and they told him that they would mail it to him...weeks later I asked him again and he said he hadn't gotten it, I told him to go get it (even offered to go with him) and he said he would get it...obviously, he never tried again.

I highly doubt that this'll teach him anything at all unfortunately.

I've made stupid mistakes before, I'm far from perfect, but this was more common sense than anything and I told him multiple times to GET A RECEIPT...GET THE CONTRACT...he did neither and now he's totally screwed.

 

[Gooberlx2]

So you're taking the "idiot" at his word that he actually paid multiple thousands of dollars in cash that presumably (since you didn't say why he was being evicted) they are saying they never received?


Sounds more like a drug/gambling problem to me...but in any case with no proof it sounds like an open and shut case of the dumb ass...I feel sorry for your SIL and the baby

This sounds totally feasible.

 

[xBiffx]

Paying cash, he is a moron. Seems like there should be a copy of the lease/contract somewhere and that it should have the tenants signature on it. If not, then how does the LL have a legal leg to stand on? Of course, the tenants can't prove they paid anything either so.

IMHO they are screwed, all because they were kind of dumb to begin with. Sorry, that seems to be the cold truth of it.

 

[sixone]

Today was the hearing...he said he wasn't allowed to speak and has a week to get out.

He went to a hearing, but wasn't allowed to speak? I find that very difficult to believe.

I don't think you should take his word for it.

 

[edro]

He is lying about the cash payments.
Oldest story in the book.
He needs to be evicted.

 

[DigitalCancer]

He went to a hearing, but wasn't allowed to speak? I find that very difficult to believe.

I don't think you should take his word for it.

I was curious of this too...I've never had to go to any sort of hearing so I have no idea how it works but I 'thought' that's what a hearing was for is so that both parties could state their case? I dunno...he probably lied about it and was just too lazy to deal with it? Either way...I think we've established that there's nothing salvageable here and these landlords will continue doing what they do (as I do believe they're screwing ppl, taking advantage of poor-credit ppl somehow but this case was just made easy for them).

For the record, the LL has signed copies they just never gave HIM a copy.

 

[OutHouse]

wtf, 7500 plus monthly rent??? yea this guy is lying. is gambling or is snorting a lot of drugs.

 

[DigitalCancer]

wtf, 7500 plus montly rent??? yea this guy is lying. is gambling or is snoring a lot of drugs.

Yea, the first $3000 was down (you know...reserves their right to buy the house in 3yrs by getting their own loan and the $3k would go toward their down) and then they asked for an extra $1000 which I told him not to give but he did anyway, then $3500 on top of that.

I mean...there's no way in hell I would have given that extra $1000 much less the $3500 but he did both.

For the record also...the step-dad vouched for him paying the rent at least the last couple times b/c he asked the people if they were caught up and they said yes. I believe him but who knows...maybe he's covering for him...I don't really think that he would but there is some doubt there as well.

 

[waggy]

Rent to own with no contract? No receipt of payment for rent?

Dude is a moron. The most that you can probably do is help him with his FUTURE endeavors.

Some times you learn by doing and have to pay the stupid tax, myself included. Without some paperwork it's going to be haaaaaard, probably impossible.

exactly. the whole situation does not add up.

 

[Lithium381]

wow i'm going to subscribe to this one and read it after TangoJuliets house problems every day for updates. . . . . .. .shady business all over!

 

[yllus]

$20 that the money is going elsewhere than on the rent.

 

[Sho'Nuff]

The contract issue is an easy one. If the LL has signed copies he can be compelled by the court to submit them.

As for the $$, that is a different story. Cash means no paper trail, which means it is a he said, she said issue. Moral of the story is to always get a receipt (preferably signed) when making significant payments in cash.

The cash went somewhere, though. Only question is where.

 

[SlitheryDee]

Bet he's lying to you about the particulars of his dealings with the LL. I would guess that he's been late every month that he claims to have been on time for and suuuuper late on the months that he admits were just a bit late.

 

[SpatiallyAware]

Let me promise you something... A tenant who is three months late on their second rent payment will absolutely screw you.

Even if this kid's story is 100% true I would have still evicted him due to not paying for 60 days.


Here's how it works... you pay last month rent on top of deposit. Rent is due on the 1st. If you have not paid by the 7th I am pursuing eviction. You will be out by the 1st of the following month, and I will have another tenant in by the 7th or 14th latest. This means I lose no money.


Your buddy is a deadbeat tenant. I flat out don't believe the "pay $3500 or we'll evict you" and that he just paid it. That money went up his nose or into his veins.


This story disgusts me.

 

[xBiffx]

There is definitely a whore involved here, crack or otherwise.

 

[SpatiallyAware]

+ how did your buddy come up with >$8k CASH with no records in only a four month period yet can't find a stable place to stay??

And this guy is about to have a kid???

 

[jagec]

+ how did your buddy come up with >$8k CASH with no records in only a four month period yet can't find a stable place to stay??

Dealing drugs, doing drugs, respectively. That's my guess. It seems that people with the least money sense see the greatest amount of money pass through their hands.

See: Wall Street.

 

[EagleKeeper]

Never showed at the hearing

 

[Newbian]

IANAL:

He's screwed.

What is the reason for eviction?

This as he has no proof but if he can afford to keep paying these people and the extra money why the hell would they not keep the idiot?