Unbelievable Landlord

[LadyJoy500]

Sept 28,1997 we leased a home in Nashua, NH. We had moved there from AR. We signed a 5 page 1 yr lease and were told this was standard. The landlord seems irritated that we wanted to read it. We leased for $1305.00 a month and gave a $1305.00 security deposit. Due to illness in the family and job relocation we notified the landlord we would be moving back south and the home would be available to show May 15, 1998. I spoke with him in person the first time and he said he would have no problem re-renting the property. We then gave him a 30 day written notice, filmed the house and moved. He had mentioned to me earlier about having to sign an ammendment which we ignored as long as we could. He contacted us in MO and stated in a letter that he would not show the house until we signed. He also said we would have to have the utilities put back into our name until it was rented, so we did regretfully. He also requested $400.00 more for advertisement and would return any balance to us. Our rent was paid up through May, 1998 and he still had our $1305.00 security deposit. He rented it the 10th of June, 1998 for $150.00 more a month and sent us a statement of extra charges and said we owed him an additional $515.48. He had changed our security deposit into a rental fee for him to re-rent the house. We refused to pay anymore, after all he had $1700.00 of our money and was making $150.00 more a month than he would have gotton if we had fulfilled our lease. He since had filed 1099 forms with the IRS every year since for late fees of $600 for monies owed. According to the IRS, this form is not designed for this and he can't do this.We recently found out he has this all on our credit report and showes he started eviction procedings. We are going to take him to small claims court and would like to know our chances of winning. We are not familiar with NH law or renting for that matter. We also had sent him certified mail which he refused. We have all documentation since this started.Thank you for any input you can give us. We are now living in MA.

[Edited by LadyJoy500 on 02-08-2001 at 04:05 PM]

 

[djdj]

YOU will learn from this experience, to tie up ALL the loose ends BEFORE you ever vacate another apartment.

And make sure you get ALL the credit agencies fix all the mistakes made...

OH i the lease it will mention attorneys fees for the landlord.WELLLLLL IF landlord can get lawyers fees reimbursed when they win so can tenants! And your costs, to travel hotel room, maybe even a day or two off from work...If the case is frivolous the judge might order the LL to pay you.

BUT you have to put it in the petition, seeking your security deposit PLUS "any and all legal fees and costs"..... if you dont ask you cannot get a judge to order the landlord pay back your legal fees back later.


[Edited by djdj on 02-07-2001 at 11:06 PM]