This is long and convoluted, but I'll try to be concise. Please don't give up on reading it, I need help! At the very least, read for the sheer entertainment value of a case that rivals the best (or worst) of "Judge Judy", and for the pleasure of exclaiming to your friends, "you won't believe the mess this girl from Jersey got herself into"
I live in NJ but took a 3-month position in Houston to get to know my long-disatnce bf better. I found a short-term lease on sublets.com, in the river oaks/montrose area, a high-end area with lots to see and do and close to my job, which is what I was looking for. On 1st contact, the landlord told me it was rented through march (I needed mid-february through may). He then contacted me and told me the current tenants agreed to move around the corner to his bigger home, so I could have it after all. The rent listed on the site was $1200, we agreed to make it $1400 which would include all utilities. He faxed me a handwritten lease and I wired him a $1000 deposit to cover security and my 2 weeks in February. A week or 2 later, he told me the tenants didn't want to move, and offered me the bigger, more expensive place through march for no extra money; after March I would move into the 1st place.
After driving 1600 miles straight through, I arrived at the house on February 12th. The house was so packed with furniture, trash, etc, I couldn't even get into the hallway. His words "It's not ready yet, but I thought it would be better to startle you in person than on the phone". He told me he had another place nearby to put me in for a few days while he finished getting the place ready. I was unhappy, but felt I had no choice but to agree, as I had no place to go. He said he'd give me a $400 discount on March for my inconvenience, and I (stupidly!) gave him a $1000 check for March. The other place turned out to be not nearby, but in the Heights, a less-than-high-end neighborhood with nothing to do and far from my work. It was a dirty apartment with bugs in the kitchen, and I hated it. I had given myself a week of freedom before starting work, to explore the neighborhood and familiarize myself with the area and routes, and was missing my opportunity to do that. Each day, there would be another excuse why the house wasn't ready, always "tomorrow" which never came. Finally after almost a week, I refused to stay there anymore, and ended up staying at the house he was getting ready for me (with him there), sleeping on the floor on an air mattress. It became obvious he had some issues with responsibility and procrastination, would go out all night and sleep all day, in no apparent hurry to get rid of the trash and furniture and get himself out of the house for good. He continued to buy more furniture (his business) and use the house to store it - hallways, kitchen, bedrooms were unpassable. We fought constantly, with me begging him to get the stuff out and leave, and him screaming at me that my "nagging" wasn't helping him get it done any faster. I also discovered that he did not own either house, was renting them and then subletting. I don't know if the homeowners knew what he was doing, but doubt it very much.
I knew by this time I made a huge mistake, but also knew that he spent all my money, including the security deposit, and I would not be getting it back. So I stayed and hoped. When I finally threatened legal action, he got his butt in gear, and got the place in decent shape, however he still showed no signs of leaving. This was about the end of February. Finally he promised he would leave the next day. While on my way hime from work the next day, he called my cell and tried to extort another $1000 out of me. At first he claimed the entire 1st thousand was security deposit, however when I told him I printed out his ad, which clearly states "One week security deposit", he changed his tune. Said "Now I remember! You agreed to pay an entire month for February". I would never have agreed to that, since I only arrived mid-February. Not to mention that I had a "roommate" the entire length of my stay. He told me if I didn't pay, I couldn't stay because he "doesn't have the money to pay the rent". I called my bf, who came to pack me up at 10pm. I had to take off work the next day (my second week) in order to find an apartment and rent furniture.
So I left, with no refund or return of security (I had to borrow money from my bf for my new apartment, how's that for a way to start a new relationship?). I also left several things behind inadvertently, which he has refused to return. He is convinced that I broke the agreement by leaving, and therefore deserve nothing back. He is a con man, and I got taken big time.
So here I am in my new apartment, prepared to sue, but knowing even if I win, he will not pay (he parroted, "Go ahead and sue, you can't get blood out of a turnip!" as I left) My questions are:
1. Can I include either of the homeowners in my suit, since he used their property to con me out of $2000+? If so, should it be the owner of the property my lease is for, or the owner of the property I agreed to stay in through March, or both? I really don't want their money, but am hoping they will put pressure on him if they are involved.
2. I have to specify the amount of the suit upfront, but won't know until the date is set whether I will have to fly back up for court (I'll be back in NJ early June). What should I do about that?
3. Once I buy a ticket, there will be a fee to change it; can he get the case postponed over and over so I have to keep paying airline fees to change my flights?
4. Could this be an actual criminal case, since he misrepresented himself as the homeowner and basically stole my security deposit as well as my unused rent
To anyone who read this far (believe me, this is the short version) you have my undying gratitude and appreciation. Thanks in advance for any and all advice!
I live in NJ but took a 3-month position in Houston to get to know my long-disatnce bf better. I found a short-term lease on sublets.com, in the river oaks/montrose area, a high-end area with lots to see and do and close to my job, which is what I was looking for. On 1st contact, the landlord told me it was rented through march (I needed mid-february through may). He then contacted me and told me the current tenants agreed to move around the corner to his bigger home, so I could have it after all. The rent listed on the site was $1200, we agreed to make it $1400 which would include all utilities. He faxed me a handwritten lease and I wired him a $1000 deposit to cover security and my 2 weeks in February. A week or 2 later, he told me the tenants didn't want to move, and offered me the bigger, more expensive place through march for no extra money; after March I would move into the 1st place.
After driving 1600 miles straight through, I arrived at the house on February 12th. The house was so packed with furniture, trash, etc, I couldn't even get into the hallway. His words "It's not ready yet, but I thought it would be better to startle you in person than on the phone". He told me he had another place nearby to put me in for a few days while he finished getting the place ready. I was unhappy, but felt I had no choice but to agree, as I had no place to go. He said he'd give me a $400 discount on March for my inconvenience, and I (stupidly!) gave him a $1000 check for March. The other place turned out to be not nearby, but in the Heights, a less-than-high-end neighborhood with nothing to do and far from my work. It was a dirty apartment with bugs in the kitchen, and I hated it. I had given myself a week of freedom before starting work, to explore the neighborhood and familiarize myself with the area and routes, and was missing my opportunity to do that. Each day, there would be another excuse why the house wasn't ready, always "tomorrow" which never came. Finally after almost a week, I refused to stay there anymore, and ended up staying at the house he was getting ready for me (with him there), sleeping on the floor on an air mattress. It became obvious he had some issues with responsibility and procrastination, would go out all night and sleep all day, in no apparent hurry to get rid of the trash and furniture and get himself out of the house for good. He continued to buy more furniture (his business) and use the house to store it - hallways, kitchen, bedrooms were unpassable. We fought constantly, with me begging him to get the stuff out and leave, and him screaming at me that my "nagging" wasn't helping him get it done any faster. I also discovered that he did not own either house, was renting them and then subletting. I don't know if the homeowners knew what he was doing, but doubt it very much.
I knew by this time I made a huge mistake, but also knew that he spent all my money, including the security deposit, and I would not be getting it back. So I stayed and hoped. When I finally threatened legal action, he got his butt in gear, and got the place in decent shape, however he still showed no signs of leaving. This was about the end of February. Finally he promised he would leave the next day. While on my way hime from work the next day, he called my cell and tried to extort another $1000 out of me. At first he claimed the entire 1st thousand was security deposit, however when I told him I printed out his ad, which clearly states "One week security deposit", he changed his tune. Said "Now I remember! You agreed to pay an entire month for February". I would never have agreed to that, since I only arrived mid-February. Not to mention that I had a "roommate" the entire length of my stay. He told me if I didn't pay, I couldn't stay because he "doesn't have the money to pay the rent". I called my bf, who came to pack me up at 10pm. I had to take off work the next day (my second week) in order to find an apartment and rent furniture.
So I left, with no refund or return of security (I had to borrow money from my bf for my new apartment, how's that for a way to start a new relationship?). I also left several things behind inadvertently, which he has refused to return. He is convinced that I broke the agreement by leaving, and therefore deserve nothing back. He is a con man, and I got taken big time.
So here I am in my new apartment, prepared to sue, but knowing even if I win, he will not pay (he parroted, "Go ahead and sue, you can't get blood out of a turnip!" as I left) My questions are:
1. Can I include either of the homeowners in my suit, since he used their property to con me out of $2000+? If so, should it be the owner of the property my lease is for, or the owner of the property I agreed to stay in through March, or both? I really don't want their money, but am hoping they will put pressure on him if they are involved.
2. I have to specify the amount of the suit upfront, but won't know until the date is set whether I will have to fly back up for court (I'll be back in NJ early June). What should I do about that?
3. Once I buy a ticket, there will be a fee to change it; can he get the case postponed over and over so I have to keep paying airline fees to change my flights?
4. Could this be an actual criminal case, since he misrepresented himself as the homeowner and basically stole my security deposit as well as my unused rent
To anyone who read this far (believe me, this is the short version) you have my undying gratitude and appreciation. Thanks in advance for any and all advice!
What a creep!