Do I have a case against faux landlords?

Status
Not open for further replies.

ninjanun

New Member
I (and later my husband) were deceived by some "friends" and into paying rent on a place that wasn't theirs to rent out. I moved in January 2001, and lived there till February 2004. They offered a 'great price' on the place, and said they would pass the rent along to the actual owner of the property...except the owner of the property didn't know this was going on. It was a converted garage, and wouldn't have been fit to have tenets in according to building code. Because of this, I was to assume all repairs on the place (which I had to do once, on the plumbing).

It wasn't until much later, around April of 2005, after we had actually moved out and helped set up some other friends of ours to live on the property (still paying rent to the original couple--who decided to raise the price on them unbeknown to us) that the real owner of the property didn't even know someone was living there anymore, and had not received any money from that couple. He had let the original couple stay there free of charge. He did say that the couple had sent him a letter offering to be "property managers" of the place in exchange for some of the rent money. But the owner did not respond to this letter, and certainly did not give express permission for this couple to act on his behalf in sub-letting the place, because no one was supposed to be living there anyway.

In short, this couple deceived us into thinking we were sub-letting the place from them, when in reality, they had lived there free of charge and decided to make some money off the place when they moved out--even though it wasn't there property to begin with.

So we had been paying over three years' worth of rent that we didn't need to be paying. They insist they did nothing wrong, since the "rent" was cheaper than anything else around.

We never signed a lease agreement, since we were supposedly sub-letting from them, but I have bank statements that show I payed a check every month to them. As far as I know, I am still within the statute of limitations for Idaho (where they live now). In all, they stole about $7,200.00 from us.

Do I have a case against them?
 
If you accepted to rent it then you might not easily sue them. The owner is the one who can have a good case…..You might too……But can't tell. Just because others lived there for free did not mean you had to live there for free too. It is tricky, I can't really tell............Let's hope more people can chip in their opinions.
 
I'm not a lawyer, so I may be way off-base, but here are my educated guesses:

Unless your area has laws to prevent renters from subletting at a higher rent, the original renters stole nothing from you. Charging higher rents for sublets is not at all uncommon.

The original renters seem to have stolen from the property owner through their deception. If he was aware that they had moved, but unaware that someone else had moved in, then it seems that they have behaved very unethically. He could probably sue them for the rent they collected from you. This may also be a case of fraud, but again, it is the owner who was wronged.

When you say that you paid three years of rent that you didn't have to pay, that is only true if you had some way to find housing that would be free of cost to you. The original renters were under no obligation to help you to secure free housing. So, unless you knew the owner at that time, it seems that you would have been paying rent all along anyway.

Sorry to sound negative, but I just don't think you have any recourse. I agree that these people took advantage of you, as well as the owner of the property. Hopefully, the owner will pursue legal action against them.
 
You benefited from living at the property and where and how your rent money was disbursed is immaterial. The original property owner may have a cause of action against the faux landlord/property managers, but not you
 
Status
Not open for further replies.
Back
Top