I need legal advice...someone is using an apartment scam to try to sue

alzika · #1 09/12/2007, 09:37 PM

Basically, my girlfriend signed a lease to rent an apartment for $450 a month. There are two other roommates, and they would both use and sell drugs from within the house. My girlfriend, fearing for her safety and also because she doesn't want a criminal record, she decided to move out. The guy who owns the property is the father of one of my girlfriend's roommates.

She is planning to go to dental school, and a criminal record would prevent her from getting accepted into any dental school. The two other roommates are best friends, and they are both in on the entire drug scene. They are both under the age of 21, have fake id's, and drink alcohol with a huge party over at my girlfriends apartment every day.

My girlfriend posted an advertisement that she was looking for a place to live. Her stipulations were that she did not want anyone who even casually drank, used drugs, or smoked cigarettes. She received a response and got in contact with the owners of this property. Both of the roommates agreed that they did not do this, as did the owner of the property, father of one of the girls, as I mentioned earlier.

So, after driving home for 4 hours after checking out her new college (transfer student from another University), she said she really liked the place and the people were very nice. The guy who owns the property coincidentally lives in the same city that we live in, and he, too has a daughter 4 hours away at college.

We agreed to meet up on August 21 to exchange an initial payment of the security deposit and sign the lease. The lease was a month by month term, and because of this, the portion entitled "START DATE" and "END DATE" were left blank. After signing the lease, the next day he gave us a xeroxed PHOTOCOPY of the lease that my girlfriend signed. Please note that she only signed one lease, and he currently hold that original copy. My girlfriend only has a photocopied lease from the original copy.

The morning we move our stuff in to apartment, we are greeted by her two roommates bringing two full trashbags of nothing but empty beer bottles/cans out to the dumpster. As I stated earlier, they said that they were non-drinkers.

So, my girlfriend calls the guy up after shes had enough of the crap from his daughter and friend using and selling drugs. He is very sincere and tells her that she is released from the lease, she will get security deposit back, everything. After hearing this on the phone, my girlfriend moves her stuff out of the apartment and leaves her two house keys on the counter as she was told by the apartment owner.

A few days later, she gets a call saying she is being sued due to the fact that she broke the lease term early. Please note, there was no lease term, as I stated earlier. This was left blank on the document she signed.

He said he was suing for $10,000+ for damages. Apparently, what we think has happened with what we know so far, is that he went back on his original copy and filled in the empty date fields to something that wasn't true, after my girlfriend had already signed it and after we had received a copy with the date fields left blank. For it to be $10,000+, I can only assume that he put 2 years in the lease range. Our xeroxed copy has the date fields blank. Since he has the original copy, he can just very easily say that we modified our copy and made another copy with the date edited out, which would be a complete fabrication and lie on his part, but the judge will believe that to be the most likely situation, I believe.

Let me also make another note about the lease duration. I will be graduating from college in 8 months myself, and I've been planning to move with my girlfriend to the city she is living in. She NEVER would have signed a lease that would jeopardize our plans for the future after I graduate from my University. Furthermore, I was sitting right beside her when the damn thing was signed.

Can anyone offer any helpful insight? We have 3 witnesses, myself, my girlfriend, and my girlfriend's father who have seen drugs in the house, up close. They leave the crap just laying around everywhere.

We really don't know what to do. This is a horrible situation and I can't believe someone would scam a student trying to get through college and get accepted into dental school. Additionally, the judge in a small claims court is going to instantly discriminate against my girlfriend due to her age versus the 50-something guy who owns the property.

Additionally, we both come from rather poor families. There isn't a possibility of hiring a lawyer if there is a fee that must be paid unfront or if the case of lost.

I need advice....please.....

Minuteman · #2 09/12/2007, 09:41 PM

Get a lawyer and call the cops on the druggies.

alzika · #3 09/12/2007, 09:43 PM

Quote:

Originally posted by Minuteman
Get a lawyer and call the cops on the druggies.

She called the cops on one occasion but they never came out or did anything like they said they would.

Minuteman · #4 09/12/2007, 09:45 PM

Call the DA and tell them what you know.

Travis L. Stevens · #5 09/12/2007, 09:47 PM

Quote:

Originally posted by alzika
She called the cops on one occasion but they never came out or did anything like they said they would.

Keep calling. Don't stop until you get the results you need. Go visit the police station in person.

alzika · #6 09/12/2007, 09:53 PM

Quote:

Originally posted by Travis L. Stevens
Keep calling. Don't stop until you get the results you need. Go visit the police station in person.

The problem here is that she doesn't live at the apartment any more.

ALSO, I forgot to mention, she specifically ASKED the guy today if she could come back, including paying a fee, and he told her NO, that she wouldn't be allowed back. Please also note that she paid, in full, on September 1st for the entire month. An excuse he gave earlier on was the fact that he would be suing because my girlfriend was causing him to miss bill payments. If this were the case, then why wouldn't he accept her back in to the apartment to continue payments? Why would he WANT to pursue a lawsuit over this which could be drug out over a long period of time, when everything could be fine now?

My girlfriend ONLY asked if she could move back in to see his response, in order to get more of a feeling if he was really running a scam.

Also, to the person above mentioning talking to the DA, how does that work? We have no proof at all besides our xeroxed photocopy of the lease he gave us, plus witnesses who can vouch that they lied and drugs were seen in the house.

Also, on the lease, it specifically says "NO SMOKING", but the guys daughter smoked marijuana daily within the residence.

Scuba_Dave · #7 09/12/2007, 10:10 PM

Call the cops...again & again

I videotaped pot plants growing in one house
I told the cops they could do something about it
or...the local news would get a copy of the tape & would then ask them why they didn't do anything

Same neighbor had a rotty they let run loose...Halloween night
The police were going to shoot it
This went on for a while, the dog went after a woman, no harm - just barking

I sent a letter to the Town, record of incidents, nothing done
Said the next person attacked by the dog running loose I would give a copy of this to, and be a prime witness at any lawsuit against the Town for negligence

Next day the dog cather took the dog
Cops were down all the time, finally the guy moved, sinc ehe could no longer carry on his druggie lifestyle

beaniebeagle · #8 09/12/2007, 10:19 PM

there should be a housing authority that you can contact about, there should be some free legal advice

also, september is paid in full...which means he broke the terms of the lease and you need to file a complaint because he locked you out/will not allow you back in......ie go to the housing authority.....

if he is aware that they are selling drugs from his property, and its his family members....hmmm...call the DEA few times a day....wonder if that property can be confiscated

you can do what i did, went to radio shack for a telephone tape recorder. it plugs into the phone jack...(and its NOT illegal to tape your own phone calls)

if you play him the right way, you can get him on tape admitting to not letting you back in, having the dates left blank, his awareness of the drug sales, and if your lucky, even a threat to harm you

better yet, start the taping with a call to his daughter (try to get her when she's high as a kite)

you have to be persistant and not just make one phone call, you have to learn to be persistant to get your way

Sk8r · #9 09/13/2007, 12:23 AM

Legal Aid is one source. And boy, what a set of experiences. You know it all by now, and so does she: keep a copy, never leave a blank, and don't room with strangers. The 10,000 is a crock, I'd be astounded if not: in most cities you have to give a certain amount of notice before you move out, like 2-4 weeks. And do you have envelopes/pieces of mail with postal dates that show when she moved in and when she got a COA moving out? THis guy is a shyster in it up to the hilt with these gals, knows all about the pot, may have gotten money from a succession of roomies these babes have driven out, probably some of them paying him something to try to get free of this scam.

dendronepthya · #10 09/13/2007, 11:10 AM

Get a lawyer. Seriously.

tyoberg · #11 09/13/2007, 11:51 AM

He said, she said isn't going to get you very far. You need to start collecting photos and police reports.

Ty

onereefnotenuf · #12 09/13/2007, 12:57 PM

Find an attorney. Each state is different.You can't get any kind of useful advise without knowledge of the state you live in.Talk to an attorney before you call the police.

batguano · #13 09/13/2007, 01:42 PM

alzika:

You have gotten good common sense advice here. You don't mention where you live. That is a thing which bears consideration as the law varies from state to state and even within cities. There are legal aid societies and legal clinincs which will provide you with free help. You need to go to the court clerk in the city or county or town in which this occurred and inquire about legal assistance for the indigent. Finally, "the squeeky wheel gets the grease" have you ever heard that? Police Departments and District Attorneys don't like bad press. Have a local newspaper, or better yet, your local newws channel call and inquire about the incident. I'll bet they respond to that. Good luck.

Nina: Does this fulfill my pro bono obligation for this month?

alzika · #14 09/13/2007, 04:21 PM

Quote:

Originally posted by batguano
alzika:

You have gotten good common sense advice here. You don't mention where you live. That is a thing which bears consideration as the law varies from state to state and even within cities. There are legal aid societies and legal clinincs which will provide you with free help. You need to go to the court clerk in the city or county or town in which this occurred and inquire about legal assistance for the indigent. Finally, "the squeeky wheel gets the grease" have you ever heard that? Police Departments and District Attorneys don't like bad press. Have a local newspaper, or better yet, your local newws channel call and inquire about the incident. I'll bet they respond to that. Good luck.

Nina: Does this fulfill my pro bono obligation for this month?

I live in North Carolina.

The city the lease is signed is her home town, but the actual property is 4 hours away from here.

Which city do I need to handle this in?

alzika · #15 09/13/2007, 04:57 PM

Also, she moved her stuff out after the verbal agreement that he would let her out of the lease. She paid for the entire month of September only days before she asked out.

She left the keys inside the apartment, per his request.

Is she entitled to the rest of this month to have a place to live? Or can he deny her request if she asked to come back for the rest of the month?

Sk8r · #16 09/13/2007, 05:41 PM

The city with jurisdiction is the site of the potsmoking babes with the dad. If you want prosecution to be done, it can't be done by your county sheriff riding over there with a posse to bring them back to the town where you reside. Just like golf, you have to play 'em where they lie.

Sk8r · #17 09/13/2007, 05:45 PM

Alzika, she does not WANT to be in that apartment with two vengeful potheads and a dad who may have druglord connections. She wants to be as far from that den as possible and I doubt you will get a refund without sueing for it. Staying there for four more weeks to get 'her money's worth' weakens, nay, flattens, any case that can be made that she is shocked! and nonparticipant in this behavior, and therefore should not be held to a lease where illegal, career-threatening stuff is going on. Ever. In any way. No.

alzika · #18 09/13/2007, 06:39 PM

Quote:

Originally posted by Sk8r
Alzika, she does not WANT to be in that apartment with two vengeful potheads and a dad who may have druglord connections. She wants to be as far from that den as possible and I doubt you will get a refund without sueing for it. Staying there for four more weeks to get 'her money's worth' weakens, nay, flattens, any case that can be made that she is shocked! and nonparticipant in this behavior, and therefore should not be held to a lease where illegal, career-threatening stuff is going on. Ever. In any way. No.

Yes, but the problem is, she didn't get any type of written statement from the guy saying the lease is broken. Just the verbal agreement, which he is now saying he never said.

Is there anything at all she can do since he modified the original copy and she broke the lease by moving her stuff out and leaving the keys?

Also, he said he was suing for $10,000+, but the small claims court here only handles cases up to $5k. What does this mean?

Fat Man · #19 09/13/2007, 06:43 PM

Quote:

Originally posted by alzika
Also, he said he was suing for $10,000+, but the small claims court here only handles cases up to $5k. What does this mean?

He's trying to blow smoke up her skirt and scare her away.

batguano · #20 09/13/2007, 06:49 PM

More like he's trying to pressure $$ out of her.

Sk8r · #21 09/13/2007, 06:50 PM

This means you contact a lawyer. Bat-guano, above, is a lawyer, and you should take his [free, mind you!] advice and go do exactly what he says: get legal advice before you do ANYTHING on your own except the following: have mail records of bills, etc, and the address where you were billed: this proves where you were, when. Have a copy of the ad you/she answered: this may require delving into old papers. Have a copy of any canceled checks involved: your bank can provide a photocopy.

Go straight to a lawyer. Do NOT get involved in any personal exchange between her/them/him/you in any fashion whatsoever. This is complicated enough without adding other problems or ruining your case.

Listen to your lawyer. He will tell you at max what you could be liable for, and how to handle the situation.

Legal Aid is an organization full of bright young just-graduated attorneys who want to get cases. Do as Bat says about how to find them, and take their advice.

Good luck!

MarkS · #22 09/13/2007, 06:53 PM

He's trying to shut her up about the drug charges. I doubt that he does not know his daughter is doing drugs, I doubt that he is taking anything less than a very active role in the use or procurement of said drugs and I really doubt that he'll just walk away if the extortion attempt fails, if you catch my drift.

FORCE the police to listen to you and if they wont, go federal. This can get ugly very quickly.

yrema · #23 09/14/2007, 02:28 AM

record your conversation with the fuzz, and tell them you'll report to the media if they don't respond. goodluck and be safe, you two.

and arrange a meeting with a lawyer, asap. (like what they have already said)

catdoc · #24 09/14/2007, 07:05 AM

Check with her university too. Often they'll have legal assistance for students, or at least be able to point her in the right direction. Unfortunately I think a lot of landlords tend to see college students as young, naive, and wanting to avoid trouble and they know they can be bullied into shelling out cash (or it's at least worth a try). I had some minor harassment like this when I moved out of an apartment and wish I'd taken it to an attorney in hindsight.

I agree--CALL AN ATTORNEY. At least get a consultation to get a start.

der_wille_zur_macht · #25 09/14/2007, 07:17 AM

Quote:

Originally posted by batguano
More like he's trying to pressure $$ out of her.

Exactly. I seriously doubt he has any intention of following through with a lawsuit. I bet the next communication from this guy will be "hey, just give me $2k and I'll forget it. I'm offering to let you out of $8k that you owe me. . ."

Quote:

I had some minor harassment like this when I moved out of an apartment and wish I'd taken it to an attorney in hindsight.

Same here. I attended a university with a "college town" of apartments just off campus that were extremely popular due to their proximity, but essentially ruled by a bunch of corrupt slum lords. After sour dealings with said lot, I opted to rent an entire house 10 miles outside of town instead - the lower rent allowed me to buy a car to commute with!