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Paid a months rent in advance to hold a place, then had them rent to someone else...

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redspeed

Junior Member
What is the name of your state- Tennessee



A few months back I was looking for a new place to move since my current lease was ending. I managed to find a nice looking place through craigslist and met with the person. Rent seemed reasonable so I agreed to take it. We communicated through txt messages primarily, but it was agreed I would pay a months rent in advance of my move in to hold the place, then pay month to month.

The day of my move in, I get a txt message from the guy saying that theres been some problems and he wouldnt be able to rent the place out at all. He apologized and said he would pay me back most of the money, not all which seemed ridiculous to me.

I was polite, but told him he needs to return all the money to me. I ended up going to the place I paid for that night, and found out he double rented it out to someone else without telling me, and they actually rented it weeks after I already paid and reserved it. I confronted him about it and he was able to give me about 20% of my money back that night and said he would pay me back more when he got paid in 2 weeks.

Its been over a month, and I only have less than half of what I paid him back, now he is not replying back to me.

Is this something I would take to small claims court to get the remainder back? There was no written agreement yet, though I do have all txt messages saved from his number detailing the agreement fully and me finding out he double rented the place out. I have a copy of my check I gave him from my bank showing it was cashed and that it was to pay for rent.
 


redspeed

Junior Member
Evidence of what?
Evidence of the agreement of me paying to reserve the place and live there since a contract was not drawn up yet. The guy is a scumbag and might try to say the money I gave him was a loan or something
 

swalsh411

Senior Member
The check says "rent" right?

Judges in small claims court have substantial leeway in terms of what they will accept. If the guy is as scummy as you say the Judge will see through it right away and you may not even need to show the texts. He would have to purjure himself to claim it was a loan.
 

swalsh411

Senior Member
And bring pictures of at least the outside of the property you were supposed to rent, preferably with evidence that somebody else is now living there.
 

Zigner

Senior Member, Non-Attorney
Does it matter? The OP is willing to accept the refund. Now he's just trying to get his refund (in full.)
 

swalsh411

Senior Member
That would be for in case the "landlord" tries to pull something out of his but and claim the money was for an unrelated matter.
 

redspeed

Junior Member
Thanks for the advise. Just hope the filing cost isnt too much, and if so I can hopefully roll it into what the guy owes me.
 

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