Landlord Taking Advantage...please Help Asap!!!

[whymeinsc]

Strange situation...At time of lease signing, security deposit is 1st mentioned. Tenant provides first month's rent and post-dated security deposit check which landlord accepts. Rent check clears w/o problem. 1st question: Is the rental agreement valid at time of signature and acceptance of rent or at time of security deposit check cashing?

Security deposit never clears (landlord continues to allow tenant additional time to get SD funds) even after 3.5 months but rent is paid and accepted during this time. Landlord decides to kick tenant out around the 10th of the month and emails tenant with demand to be out in 24 hours...no legal action to evict. Landlord informs tenant that the security deposit did not clear and therefore, there was no contract. Landlord then gains entry to the home via an unlocked door and changes locks around the 21st of the same month. Landlord then tells tenant that he can get into the home to retrieve belongings when security deposit and rent are paid. 2nd question: Was this a legal eviction process from any aspect (no notice, changing locks, and restricting retrieval of belongings)?

Landlord then sues tenant for security deposit, rent, and supposedly disposes of all of the tenant's belongings. Tenant was unaware of court date and therefore, misses court. 3rd question: Can tenant appeal judgement?

Landlord then goes to former place of employment to gain information on tenant and runs credit/background check without authorization. Is this legal? 4th question: Would a warrant have been issued for the tenant due to missing court?

5th question: Can the tenant counter-sue the landlord for the loss of all belongings?

6th question: What is the tenant legally responsible to pay at this point? Security deposit would be partially used due to damages and tenant was not in the home for the duration of the last month.

7th question: Once the tenant has paid the landlord to appease the judgement, can a suit then be brought against the landlord to retrieve excess funds paid/charged in judgement as well as loss of belongings?

If someone could provide answers to these questions ASAP, it would be great!! The tenant is looking to pay what is legally owed but does not want to be taken advantage of as she feels she is.

 

[Michael Wechsler]

Strange situation...At time of lease signing, security deposit is 1st mentioned. Tenant provides first month's rent and post-dated security deposit check which landlord accepts. Rent check clears w/o problem. 1st question: Is the rental agreement valid at time of signature and acceptance of rent or at time of security deposit check cashing?

Security deposit never clears (landlord continues to allow tenant additional time to get SD funds) even after 3.5 months but rent is paid and accepted during this time. Landlord decides to kick tenant out around the 10th of the month and emails tenant with demand to be out in 24 hours...no legal action to evict. Landlord informs tenant that the security deposit did not clear and therefore, there was no contract. Landlord then gains entry to the home via an unlocked door and changes locks around the 21st of the same month. Landlord then tells tenant that he can get into the home to retrieve belongings when security deposit and rent are paid. 2nd question: Was this a legal eviction process from any aspect (no notice, changing locks, and restricting retrieval of belongings)?

Landlord then sues tenant for security deposit, rent, and supposedly disposes of all of the tenant's belongings. Tenant was unaware of court date and therefore, misses court. 3rd question: Can tenant appeal judgement?

Landlord then goes to former place of employment to gain information on tenant and runs credit/background check without authorization. Is this legal? 4th question: Would a warrant have been issued for the tenant due to missing court?

5th question: Can the tenant counter-sue the landlord for the loss of all belongings?

6th question: What is the tenant legally responsible to pay at this point? Security deposit would be partially used due to damages and tenant was not in the home for the duration of the last month.

7th question: Once the tenant has paid the landlord to appease the judgement, can a suit then be brought against the landlord to retrieve excess funds paid/charged in judgement as well as loss of belongings?

If someone could provide answers to these questions ASAP, it would be great!! The tenant is looking to pay what is legally owed but does not want to be taken advantage of as she feels she is.

Without order to the questions:

1. I don't know what state you are in and that can make a big difference.

2. Does it state anything in your lease with regard to the security deposit?

3. Without knowing more it is likely you have rights that were violated if the landlord just padlocked your door without required notices.

4. With regard to damages for your belongings, you may have a right to countersue. I'm not sure how much you will get but be prepared to have an itemized list and try your best to have it supported by documentation.

5. Tenant will likely be required to pay full rent for all the time tenant lived in the premises.

6. If you are thinking that you may be able to have a financial windfall here because your rights were violated as a tenant, this is not likely. You breached the agreement immediately and essentially caused this situation. Landlord-Tenant court from my experience is either a little unusual or it's full of judges who really don't care to be bothered by nuisances. They hear all sorts of excuses all day. I'm not saying that you don't have a legitimate dispute -- you may -- but the bottom line a judge will see is that you simply didn't pay the security deposit. You were given leeway and still didn't come up with it. That was your agreement which you breached. What I haven't heard is why you feel that you are being "taken advantage of" and a judge will probably not have much patience for an unjustifiable excuse.

You may need to fill in some of the holes but that is what I'm seeing.

Wish you the best of luck...

 

[whymeinsc]

The state is SC. The security deposit was to be returned at the end of the lease period...The landlord only decided to charge a security deposit at the last minute because his previous friend and tenant ran out on him. However, the tenant no longer has a copy of the lease as it was with all of the belongings which were supposedly disposed of. Landlord didnt padlock the door, but came into the house and changed the locks to the door...which I guess is in effect the same. There was NO notice that this was being done. Any documentation was in the home and therefore, disposed of. Anitemized list has been created and photos of some of the items that were taken to show what was purchased are avaialbe. Receipts can probably be obtained from the vendors too as the majority of the items were purchased from the same place. Including clothing, tenant is out a good $8,500 (low ball figure) in personal items. Rent was paid for all time with the exception of about the first couple weeks of June, at which point the locks were changed. The landlord continued to give an extension on the timing of when the security deposit needed to be payed as long rent was paid. The taking advantage of portion is that the locks were changed w/o notice and then the tenant was told belongings could be retrieved if money was paid. From all of the research I have done, withholding belongings to receive payment is not valid. Just some more information, the rent was $1350/month and the landlord is demanding $5000...but has not provided documentation upon request. Understanding $1350, which was a refundable amount, and the rent that was not paid, the additional monies are a little unclear. From what I have seen in SC law, the bad-check is the biggest issue. However, it was a post-dated check which somewhat eliminates it from normal bad check rulings...Can you advise? If there is additional information that you need, please specify.

 

[whymeinsc]

One more question

Just one more group of questions...Is it too late to appeal any rulings in the landlord's favor? If the $5,000 is paid, can the counter suit still be filed? Can an attempt to recover some of the $5,000 be made during that counter suit?