Need legal advice.....please

[tvguy]

There is something called "BREACH OF CONTRACT" and a lease is a legal contract.

If the OP really wanted to give it to these people, she could sue them for every dime she has to lay out for hotels, storage, etc and, if she finds a new rental where the price is higher than the one she signed the lease for, she can sue him for the difference for the length of time the lease was for.

I think the OP needs to contact a TENANT attorney or a Consumer Rights attorney. I would sue the daylights out of these people just to teach them a lesson.

As for her payment to them.... I agree with a previous poster. She should go to her bank and see if they can cancel the check and reverse the payment.

Repeating my previous reply, if the effective date has not been reached yet, and money refunded, as Judge Judy would say "you've got nothing"

 

[ceroarty]

The check was already cashed. Actually it was actually a cashiers check. I did have a signed lease. We haven't gotten our money back yet. I am going over the lease now. But I am pretty sure it stipulates they can't do is without some kind of compensation. I mean I need place by next Saturday. I close on my house in ga next Friday. The truck is come and I am out of a house. I am freaked out.

 

[a1tinkfans]

OP
First off, sorry this is happening to you, moving out is stressful enough.
You ve gotten so much advice here but heres my two cents,,,

First, call/go to the police and tell them you suspect fraud. Keep ALL your paperwork and documents (start a notepad now) and document any and all call/conversations.
First get yourself a new place to live, then worry about the loss (hopefully Not) of your money and perhaps even getting additional money or compensation against them. In reality though, sounds like they are nasty losers that took advantage of you...and if they did, even getting a judgement against them down the road may go nowhere, regardless. Scammers are usually scammers...

I hope this works out for you, Best of luck. Pls Keep us posted!

 

[NYCDiane]

Repeating my previous reply, if the effective date has not been reached yet, and money refunded, as Judge Judy would say "you've got nothing"

the OP states she hasn't gotten her money back yet. She didn't say what the move in dates were or anything else.

 

[NYCDiane]

The check was already cashed. Actually it was actually a cashiers check. I did have a signed lease. We haven't gotten our money back yet. I am going over the lease now. But I am pretty sure it stipulates they can't do is without some kind of compensation. I mean I need place by next Saturday. I close on my house in ga next Friday. The truck is come and I am out of a house. I am freaked out.

CONTACT AN ATTORNEY. No one on this forum can give you proper legal advice. The most we can give you is suggestions. You need an attorney and you have to get your money back.

 

[tvguy]

I emailed a lawyer friend the OP post and got this response with a point I had not considered:

"Before reviewing the lease agreement, I would ask the client if they are prepared to deal with the potential consequences of having a history of litigation against landlords".

 

[tvguy]

This thread peaked my interest, I am seeing this clause in a lot of the suggested rental agreements on state housing departments websites.

Either side can void the lease before the move in date for any reason without penalty. Who knows what is in the OP's lease, but it is an issue that is commonly addresses in leases.


18. POSSESSION: If OWNER is unable to deliver possession of the residence to RESIDENTS on the agreed date,
because of the loss or destruction of the residence or because of the failure of the prior residents to vacate or for any
other reason, the RESIDENT and/or OWNER may immediately cancel and terminate this agreement upon written
notice to the other party at their last known address, whereupon neither party shall have liability to the other, and any
sums paid under this Agreement shall be refunded in full. If neither party cancels, this Agreement shall be prorated
and begin on the date of actual possession.

http://www.dca.ga.gov/housing/specialneeds/programs/documents/C-2SampleLEASE.pdf

 

[Seamama]

You really need to talk to a lawyer who is licensed in your state. Your profile says you're in GA, so here are some state-specific links that may be helpful. (If you 're actually in another state just google something along the lines of "_state_ tenant help")...

Landlord-Tenant Handbooks and Info:
http://www.dca.state.ga.us/housing/...ownloads/Georgia_Landlord_Tenant_Handbook.pdf

http://www.dca.state.ga.us/housing/housingdevelopment/programs/

http://www.georgialegalaid.org/issues/housing/rental-housing-basic-landlord-tenant-question

Legal Aid may be able to help you for free:
http://www.georgialegalaid.org/find...rental-housing-basic-landlord-tenant-question

 

[lost*in*cyberspace]

I disagree with some posters. At this point you do not need an attorney. You need to get your deposit refunded ASAP. It's unclear what you have done to expedite this process.

As far as suing the people renting you the house, (if this is a legitimate deal), think long and hard about getting involved in the legal system, if this is even actionable. It's not worth your time or money.

The whole thing sounds shady on both ends; I assume there is more to the story. You rented sight unseen from people you never met? Did you check to see if they were the legal owners?

You can always have the movers put your stuff in storage while you look for a new place.

 

[allison443]

The check was already cashed. Actually it was actually a cashiers check. I did have a signed lease. We haven't gotten our money back yet. I am going over the lease now. But I am pretty sure it stipulates they can't do is without some kind of compensation. I mean I need place by next Saturday. I close on my house in ga next Friday. The truck is come and I am out of a house. I am freaked out.

Your're pretty sure? Isn't the lease right in front of you?

Right now you need to worry about getting your deposit back and renting another place asap! You said you only found this place two weeks ago and you are scheduled to move next week. So hopefully there are other places available on short notice. How about some of the other places you looked at-are any of them still available? Did you have an agent in Clermont that you were working with that might be able to find you something?
I know this must be very stressful for you and I truly hope it works out for you and you are able to get settled in your new home!

 

[OrangeCountyCommuter]

I get the feeling all you are doing is seeing how you can "force" your way in...

You might be successful but it's time to get off that track right now.

you need to deal with the $$$$$$ They are not letting you in no matter what you "find" in that lease and court action isn't' going to happen between now and Friday!

You need to call someone and start dealing with the fact that right now you are out money!

Worry about other compensation etc after you get your deposits back (if you do)

 

[NYCDiane]

If they refuse to give you your money back NOW, see if there is some way the bank can reverse the cashier's check based upon fraud.

I have a feeling these people are going to tell you "we'll pay you ___ per month until it's paid back" and then they'll send you some money and you'll never hear from them again.

 

[Good Morning Dewdrop]

I agree with many of the PP posters you need to make a plan and go with it.

- Get your money back. If they won't give it back - immediately file a police report or something

- find a place to live - are there apts in the area? Usually they have openings at short notice.

- you could rent the truck for a bit longer if necessary

- you could pay to store your things

I don't know enough about your situation to make very specific suggestions but I can tell you this - that house is not happening for you - time to look at it as 'that ship has sailed' and move on to plan B.

 

[sarah4770]

maybe you can find an extended stay type hotel in the clermont area and put your things in storage before you jump in and sign another lease.
I do not agree with the "history of litigation against landlord" train of thought. But then, I am not a lawyer.

 

[Mom2Ben02]

A bank will not reverse a cashier's check due to fraud. If you had paid with a credit card, that kind of protection is offered, but a check does not.

 

[ronandannette]

If they refuse to give you your money back NOW, see if there is some way the bank can reverse the cashier's check based upon fraud.

I have a feeling these people are going to tell you "we'll pay you ___ per month until it's paid back" and then they'll send you some money and you'll never hear from them again.

Is it possible that the whole thing was just a big scam? We hear every so often about a "landlord" that will advertise a rental, sign leases and collect deposits from multiple people and then just go to ground. I'd perhaps consider contacting the police (to have them look into the return of your deposit - NOT to try to enforce the lease).

EDITED TO ADD: Oh, oh...I just re-read the opening post - the supposed landlords are not residents of the house, they are from "out of state". OP, pretty sure now you've been scammed. Call the police and give them all the contact information you have.

 

[disneymagicgirl]

It may have been a scam...or may not. 50/50.

We own two homes that we rent out in another state. They are both previous residences we have not sold b/c we are waiting out the market. I have not met the tenant in one if the properties at all. Everything was taken care of through enail and phone. My dad dealt with "flipping" the property btwn tenants. This could be a legitimate story. It is possible that we could do this very thing if we suddenly decided to move back...I wish! However, we would promptly return the deposit. Our lease has a clause about canceling the lease as well as breaking it after they have moved in. Covers us in case we end up with terrible tenants and want them out. No compensation required.

However, it sounds like the deposits are not being returned promptly. I wonder why they used a cashiers check. I have never required that of any tenants. Maybe that helps with scamming.

Wish the OP would come back with more details. Did they see the property in person? Work with an agent? Have the landlords responded?

I agree, the ship has sailed. Move onto recovering your money and finding a new place.

 

[swilshire]

When my daughter was moving back to our state and looking at rentals, she found an ad for a place she was interested in, but thought it sounded like a shady deal. She couldn't look at it because it was currently rented. The owners wanted a check and would give her the keys.

I did a bit of searching and found that it was listed for sale by a realtor. I contacted the realtor and, as suspected, the people with the ad were not the owners. Hopefully the realtor took some action. I'm glad my daughter was uneasy enough not to send them any money.

Sheila

 

[Lewisc]

A bank will not reverse a cashier's check due to fraud. If you had paid with a credit card, that kind of protection is offered, but a check does not.

They won't reverse it. Under some, limited, conditions a bank can put a "stop payment". That won't help you if the check was cashed.

 

[reginaastralis]

http://articles.orlandosentinel.com...2_1_vacant-houses-rental-houses-leasing-agent

I'm not saying this happened to OP, but it does happen here in central Florida. There have been two different scams that have peeked do to our fall in the housing market. One, where the person who owns the home doesn't pay the bills even though the renter is paying rent. The house goes into foreclosure, and the renter is forced to move. And second, the one that sounds like a pp (and possibly the OP) where someone says they own the home, but doesn't and steals the money. There was a pretty big issue here in Tampa recently where a guy was renting out foreclosed homes, but he didn't own them. He broke the locks and moved people in.

This is something that the police in the area are going to want to know about. Hopefully it's not one of the scams that have been happening, but asking people on an internet board isn't going to get you the answers you need.