what recourse do i have?

[ygavett]

What is the name of your state (only U.S. law)? Oregon

I recently rented my son a studio apart. We paid the land lord 450 for the first months rent and 450 for security deposit. He moved in on the 5th of April. on April 10th the land lord called me and told me he didnt want my son there anymore due to the kind of "traffic" he invited into his complex, and to get him out of there before the weekend was over. He told me that he would give me my money back as long as i got him out of there. If I didnt do it he would have taken us to court and there would have been an eviction on both our credits. I got him out right away and turned the keys in and am still waiting for my money back. At this point my son is homeless while waiting for the money to get a new place. I have tried to call them several times to find out when they will be sending the money but they just give me the run around and say they will call me back and of course never do.

What recourse do I have to get my money back or am I out the whole amount?

 

[WILLIAA]

You should not have complied with that illegal eviction. Have son take him to small claims court or you take him. The case will be heard in 30 days. If he can prove that son was selling drug or something, you may have a problem. he would need police reports.

 

[Antigone*]

You should not have complied with that illegal eviction. Have son take him to small claims court or you take him. The case will be heard in 30 days. If he can prove that son was selling drug or something, you may have a problem. he would need police reports.

Again...you don't know enough to make that comment. OP please do not listen to this poster.

 

[Cvillecpm]

You should have given the KEYS for CASH at a meeting with the landlord....your bad!

 

[WILLIAA]

Again...you don't know enough to make that comment. OP please do not listen to this poster.

If the eviction order did not come from a court, it's not an eviction and she did not have to move him out. he can not jsut keep her money or maybe he can b/c she should not have complied.

Only the poster knows why son was asked to leave. She needs to evaluate whether or not she wants to discuss it in court. If she does, take him to small claims like I said. You may have a problem because he was not locked out or anything else. You got a call telling you to move him and you agreed basically. Hopefully, he will just give your money back and pro rate it for the days son was there.

 

[BL]

What is the name of your state (only U.S. law)? Oregon

I recently rented my son a studio apart. We paid the land lord 450 for the first months rent and 450 for security deposit. He moved in on the 5th of April. on April 10th the land lord called me and told me he didnt want my son there anymore due to the kind of "traffic" he invited into his complex, and to get him out of there before the weekend was over. He told me that he would give me my money back as long as i got him out of there. If I didnt do it he would have taken us to court and there would have been an eviction on both our credits. I got him out right away and turned the keys in and am still waiting for my money back. At this point my son is homeless while waiting for the money to get a new place. I have tried to call them several times to find out when they will be sending the money but they just give me the run around and say they will call me back and of course never do.

What recourse do I have to get my money back or am I out the whole amount?

In reality , you should have had the LL's agreement put in writing .

The LL can deny the verbal agreement ever existed , and treat it as if no agreement or proper move out notice was given .

Keep the squeaky wheel in motion and send letters outlining the agreement RRR Certified mail , request response in writing and the money returned ,and hope either the LL sends the money , or responds in a way that the admits an agreement did/does exist .

Call every few day to follow up, but do not make it harassing , as in every day , or a few times a day .

 

[ygavett]

I have been calling a couple times a week and being nice about it so that there is no possible way it could be harrassing. I havent written a letter yet. I was actually thinking that might be my next step. Thanks for the advice.

There are no police reports involving my son. The landlord did send the police to the complex but all they did was roundup the homeless people that hang out in the alley way. He can not prove that those people are connected to my son. The land lord basically told me that he didnt like my sons demeanor or lack of respect when he spoke to him. The guy definitely has an ego- told my son he wouldnt have made it in his Marine Regemine. Which is getting off the point but he doesnt have any thing illegal on my son.

 

[WILLIAA]

I have been calling a couple times a week and being nice about it so that there is no possible way it could be harrassing. I havent written a letter yet. I was actually thinking that might be my next step. Thanks for the advice.

There are no police reports involving my son. The landlord did send the police to the complex but all they did was roundup the homeless people that hang out in the alley way. He can not prove that those people are connected to my son. The land lord basically told me that he didnt like my sons demeanor or lack of respect when he spoke to him. The guy definitely has an ego- told my son he wouldnt have made it in his Marine Regemine. Which is getting off the point but he doesnt have any thing illegal on my son.

I don't like you is not ground to evict someone and break the lease. You messed up when you complied. Take him to small claims. if that's all there is, you will win. Let the next piece of mail he gets from you be a certified letter about his small claims court date. this kind of person will not volunteer to give you your money back.

 

[MIRAKALES]

There seemed to be a mutual agreement between LL, tenant and co-signor regarding immediate lease termination. There were no objections to the immediate move-out by any of the parties. The tenant (son) and co-signer (mother) should issue written notice to letter requesting refund of rent and security, as agreed per telephone communication. Advise that tenant has complied with LL’s request to vacate premises with return of keys, and request refund of monies in accordance with Oregon law.

The security deposit (not necessarily the rent) should be delivered by LL within thirty (30) days of lease termination, in accordance with Oregon law. Tenant is legally entitled to security deposit only. Tenant can sue for refund of security and rent in SCC, if neither is refunded by LL. Be sure to send all notices in writing via USPS certified mail.

 

[Zigner]

I don't like you is not ground to evict someone and break the lease. You messed up when you complied. Take him to small claims. if that's all there is, you will win. Let the next piece of mail he gets from you be a certified letter about his small claims court date. this kind of person will not volunteer to give you your money back.

Wow, you never mentioned you not only a genius, but a psychic to boot! Please tell us more about the future...

 

[HomeGuru]

Wow, you never mentioned you not only a genius, but a psychic to boot! Please tell us more about the future...

**A: and tell us the color or your crystal ball.

 

[Alaska landlord]

Ignore Willie,

Your son invited a lot of traffic. This is very common, and expected when you rent to young people. That's why landlords find excuses not to rent to young adults. Your son was asked to vacate at the landlord 's request. There is only a verbal agreement and therefore it cannot be verified. The landlord should not have promised you a rebate. That being the case, no refund is due since the landlord will have to clean and advertise for a new renter. Your son has been spared an eviction. Teach your son the basics of the responsibility associated with having an apartment.

Basically, your son broke the lease and no refund is due.

 

[WILLIAA]

Ignore Willie,

Your son invited a lot of traffic. This is very common, and expected when you rent to young people. That's why landlords find excuses not to rent to young adults. Your son was asked to vacate at the landlord 's request. There is only a verbal agreement and therefore it cannot be verified. The landlord should not have promised you a rebate. That being the case, no refund is due since the landlord will have to clean and advertise for a new renter. Your son has been spared an eviction. Teach your son the basics of the responsibility associated with having an apartment.

Basically, your son broke the lease and no refund is due.

the LL will have to prove and show in court how much he spent on restoring the apt due to damages son did. What could he have done in 5 days. LL will not win this. he can probably get any with evicting you basically because you all left, but he can't just keep the moeny without justifying why. he will have to show picture and bills for damages in court. go to court.

 

[Alaska landlord]

The landlord is not only considering RENT, but SD too.

Whether the tenant stays one day or 30 days, the rent is non refundable. The SD will have to be accounted for after viewing the apt and assessing damage.

 

[ygavett]

There were no damages and the apartment was cleaner when he moved out than when he moved in. I made sure it was spic and span when he left. I know that we probably shouldnt have moved him out but the land lord was harrassing him everyday about people coming through the complex. Most of the people that were coming through were transients. It is situated in an area where there is a large homeless population. I noticed the few times that I was there - always someone in the alley going through the trash or hanging out looking for cigs.

I didnt want to subject my son to the harrassment that he was getting from the LL. I didnt want to go through the court thing with a possible eviction.

When I write a letter should I wait the 30 days that he has to get the money back? Should I also threaten with small claims court before trying to make a calm request from them?