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ocnjgirl

Junior Member
What is the name of your state? New Jersey (case is in Texas)

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) I will do it on principle, regardelss. 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!
 


justalayman

Senior Member
He was subletting to you. There is nothing inherently illegal about that. Whether he was allowed to by his lease is unknown. If it was not allowed by his lease with his LL, you might try to make a case of fraud because he could not legally sublease. Realistically though it would be hard, if not impossible, to prove that he just wasn't aware he could not sublease. Additionally, you would need to see his lease to know the neccessary info.

Your deal was with this guy. It has nothing to do with the true owners. As long as the owners allowed the sublease, they won;t care.

In most small claims courts you cannot get travel and time reimbursed so you may be out whatever it takes to travel to fight this.

So how is the BF situation? Hopefully all was not a failure in Texas.
 

dcatz

Senior Member
I have a feeling that you may have started a thread that could become as long as your post, but to get things moving:

1. Your tactical reason for naming the homeowners is sound, but I don't think it's a good idea for several reasons. Among these are: they are additional parties that you must pay to serve, you don't know what they did or didn't know about what he did to you and, from your post, you have no way of proving active involvement - "if they are involved" says you answered your own question. You don't know if they would or could "put pressure on him", but they will defend against you, and you owe them costs, if you lose.

2. You can calculate the financial damages in Houston (including time lost from work to get a new location because you were the victim of a "constructive eviction" (circumstances of his creation forced you to move) to not time to appear in court). The problem is that you can't claim travel expense from NJ to Houston.

3. Check the Court rules. He probably can get one continuance as a matter of right, but that normally has to be requested a not-less-than time in advance - eg. 14 days - with notice to you. Don't know if that would be enough to change without fee. If he plays additional games, show up in court on the date set and demand your hearing. If he's not there, he defaults.

4. Don't know all the facts or the Texas Penal Code well enough to offer an opinion about a criminal case, but don't think you want to try anyway. You'd have to convince the DA to prosecute and, even if that happened and there was a conviction for something (don't know what, since you always had a place to live and agreed to many of his proposals), he'd probably get a slap on the wrist.

If you try anything, try for a civil money judgment instead. Then, come back when you do. No one is as judgment-proof as he thinks he is. (And, in the meantime, keep a copy of the front and back of that check you gave him - it could help identify a bank account. Also gather all the information that you can about his "furniture sale business, including customers if you can. And does he need and have a license to operate that business? He's not judgment-proof.)

That said, I personally would never encourage someone to litigate "on principle". It usually turns out to be more expensive financially and emotionally than expected.
 

ocnjgirl

Junior Member
It's getting better with the bf, but it was certainly a stressful start! I would bet the owners had no idea what he was doing. I think they've had problems with him, too! I even found a letter he wrote to one of them starting with "I'm not a con man and I'm sorry you think that". If I contact them, and they say he did not have permission, what then?

What about theft? He signed a lease promising to sublet a house that was never made available to me, yet he kept all my money.

Thanks for answering!
 

ocnjgirl

Junior Member
" you were the victim of a "constructive eviction" (circumstances of his creation forced you to move)"

He basically blackmailed me: told me if I didn't give him another $1000 I had to leave, then kept my money, including March rent when I was never there a day in March. I didn't owe him any more money, he totally made it up because he didn't have the money to pay his rent on the house. Plus isn't it a law that a security deposit has to be placed in an interest-bearing account? He spent mine, it was never placed in any account.I suspect he has a history of getting into legal trouble. I checked the mail once to see if I had any, and there were 4 letters addressed to him from different law firms. If I did a background check and it turned up anything, would that help?
 

justalayman

Senior Member
ocnjgirl said:
It's getting better with the bf, but it was certainly a stressful start! I would bet the owners had no idea what he was doing. I think they've had problems with him, too! I even found a letter he wrote to one of them starting with "I'm not a con man and I'm sorry you think that". If I contact them, and they say he did not have permission, what then?

What about theft? He signed a lease promising to sublet a house that was never made available to me, yet he kept all my money.

Thanks for answering!
If the owners did not know what he was doing then you would have no claim against them. As dcatz posted, it may end up biting you in the rear if you try to use this method.

If your (temporary) LL could not have subleased to you, it would give you an easier arguement to recover all of your money with less arguement as to the LL claims you owe for this or that. If it was illegal for him to sublease to you, it is very simple, he owes you your money back with no excuses.

The problem with trying to have the LL charged with a criminal act is you will not automatically recover your money from this. The courts may require restitution but this could be a long drawn out process. While the courts could require restitiution, they may not. In that case you would need to sue in civil court as well. (don't forget about the statute of limitations)
 

ocnjgirl

Junior Member
I'm not even concerned about whether I will win - he reneged on the deal from the get-go. A sublet means he was supposed to vacate the premises to me for the term of the lease, and he never did that. How could any judge not rule in my favor? And how could they justify his keeping my $2000 when I was only there for 2 weeks?

What I am sure of is that even with a judgement, he will never give me my money back. But he is a thief, he stole it. He knew before I even left Nj that he wasn't turning that house over to me, and he never told me, let me drive down there and show up on the doorstep and then try to put me in some slum apartment, knowing I had nowhere to go. Yes, I "agreed" to that, with no other alternatives and on 2 hours of rest-stop sleep in over 24 hours. And without knowing Houston at all, and what kind of neighborhood it was; he told me it was "right down the road", but it was 20 minutes, and the difference between the 2 areas was Beverly Hills vs. downtown Hollywood. He even made me buy the air mattress I slept on, with the promise of reimbursement that never happened. Then when I left, he wouldn't even give me the air mattress! I slept on the floor of my new apartment for 3 days until the rental furniture could be delivered. My car battery starter was in the house because I used it to jump HIS car, and he won't give that back, either. Gaaaaa! How can I in good conscious just let him get away with this con without even trying to fight back? He should be punished legally, and criminally would feel pretty good whether I got any money back or not.

I don't mean to sound argumentative, I do so appreciate all the advice and am taking it to heart. I am just furious that I was this naive, and that he did this to me. The prospect of him getting away with it scot-free is galling to say the least.
 

dcatz

Senior Member
OP - Your anger and frustration are understandable.

And I don't think that anyone has yet suggested that you don't have a case.

You asked specific questions and got answers - in some instances based on direct experience.

No one is trying to deter you. Sue for your deposit ans your lost property and any other compensable damage that you can come up with. You may get a judgment for a very large part, if not all, of it. It is an outrageous chain of events that you went through.

At the same time, you came here for advice and some doesn't fit your "pound of flesh" dream. It's still valid and offered because no one wants you to be put through a further frustrating misadventure. If you want to do more and feel that you know what will satisfy you, speak to the police - maybe he has been prosecuted before and is a repeat offender. Maybe they'd be happy to prosecute again. It also sounds like others are chasing him and perhaps there are existing judgments.

The advice that you've gotten also includes caveats. As you've been told, if he were prosecuted, restitution can take a long time. You have to decide what will satisfy you the most.
 

ecmst12

Senior Member
Once you have the judgement, there are ways to get the money from him. I doubt he's as broke as he's telling you he is. He doesn't have to voluntarily pay you, necessarily, for you to get the money.

Rather then suing the owners, would it be a good idea to see if they would help you? Maybe they want him off their property too. Maybe they'd appreciate knowing what he's doing on their property. Is this a bad idea (anyone)?
 

ocnjgirl

Junior Member
I was actually thinking of that, because I doubt they know. I was thinking of sending a letter letting them know, along with the ad on sublets.com, his e-mails making it sound like he owns the houses, the lease he sent me, and his e-mail offering me the second house. Do you think I should write sublets.com and let them know, too? Again, it's not so much about the money (all his money is under the table, and even in his business there he's fraudulent - buys antique-y looking stuff at Marshall's, then passes them off as better-quality to unsuspecting people). It's about principle, and standing up rather than walking away with my tail between my legs, even though I acknowledge my part in being so stupid and trusting.
 

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