/biz/ - Business & Finance

[Anonymous No.1117098]

So a friend of mine told his landlord that he'd life in the landlord's house for a year.
Zero paperwork was involved.
My friend then decided to leave because the house was a disgusting dump and the landlord didn't clean any of his junk out of the house.
My friend paid the landlord for every month for about 7 months and even paid him on the last month he was in the house which was just about 5 day of that month.
The landlord refuses to return my friend's security deposit.
Again, there was zero paperwork and cash was used to pay rent and the security deposit ($600).
Is it worth it for my friend to try to pay to have papers served to his old landlord (about $50) and go to magistrate judge or will he just be laughed out of the room?
Yes, my friend knows he was an idiot.

[Anonymous No.1117101]

>>1117098
***that he'd live in the landlord's house

[Anonymous No.1117106]

Legally speaking, a verbal agreement constitutes a contract.

However, verbal agreements are nearly impossible to prove if one party doesn't admit to it.

It could be worth a shot. Your friend (lol well all know it's you) could have a lawyer send the landlord a threatening legal letter and the landlord may be intimidated and give you...er, your friend... his security deposit back.

[Anonymous No.1117107]

No paperwork...

your friend is an idiot and his landlord a genius. Your friend has ZERO grounds for ANY legal action.

[Anonymous No.1117113]

>>1117106
>we all know it's you
Hey, I can't control what is is you people 'know' or don't 'know' but thanks for the advice.
>>1117107
>ZERO grounds for ANY legal action
Yea, he knows this but he's never been to court and wants to know how well big, bad, mean land lord vs struggling, taken-advantage-of tenant sob stories bode in the eyes of a magistrate.

[Anonymous No.1117134]

Can I get 1 or 2 more replies evaluating his changes and I'll delete the thread?

[Anonymous No.1117150]

>>1117098
>making $41k USD
>paying $1103 in rent
>first year in new job out of college

What do?

[Anonymous No.1117155]

>>1117098
What state? And yes, if your friend goes after him and wins he'll get his deposit and all associated costs back.

[Anonymous No.1117162]

>>1117150
Find some roommates, 11 hundred sucks for one person to pay on 41k.
>>1117155
Georgia.
I realize what he'll get if he wins but could you perhaps remark on the feasibility of it with no real evidence, that is, if you have any experience with that?

[Anonymous No.1117165]

>>1117107
How does it feel to be completely wrong about all statements, except that the friend being an idiot.

A verbal contract is a contract. And cash paid for the deposit/payments isn't a biggie, have the bank print monthly statements showing a pattern of withdrawals for the amount of the rents due. Also, having a proof of residency will tie it all together.

Landlord: "Your honor, this young man never had an agreement with me."

Idiot Friend: "Your honor, here's my cable bill/cellphone/whatever showing my rental address, and here are the dates of residency. Also here are my bank statements showing on Dates S, T, U, V, W, and X where I withdrew $amount to cover rents."

[Anonymous No.1117175]

>>1117165
My idiot fiend didn't pay any bills but he did have some things shipped to the rental address in his name.
Also, I should clarify, my friend did technically, allegedly break his verbal contract because he couldn't stand living in that shit hole.
That's the reason the landlord won't give him his money back.
Thanks for the thoughtful reply.

[Anonymous No.1117186]

>>1117162
SC here, but I own some properties in GA. Georgia law is extremely pro-tenant. Your idiot friend is a "tenant-at-will" since there's no written contract. He'll need to present the docs I mentioned in >>1117165, or else he'll have no case. Any proof of residency will do. He followed the law by giving 30 days notice and paying the month in full, even if he only resided there for 5 days. The landlord is bound by the Georgia Security Deposit Act and must return the deposit within 30 days of the return of the keys.

Additionally, GA code of laws § 44-7-35 spells out specific reliefs and remidies to a shitty landlord. Is the landlord claiming that there was no deposit? He'll get laughed out of the court. Is the landlord claiming that there was damage? Only counts if your friend was given both an initial damages and final damages list. You said no paperwork so I'm guessing that's a no. If it's a bona fide error, your friend gets deposit plus costs. Since it's maliciously withholding, he should be able to recover triple damages.

[Anonymous No.1117194]

>>1117175
Early termination of the lease for an at-will tenant doesn't do shit, hence the "at-will" part. In essence, your friend was living month to month. The landlord could also have broken the lease with 60 days notice and your friend would have had no recourse.

Shipping invoices would be an ok document showing proof of residency. Alternately, having some folks of good reputation swearing for him as witnesses would also help

Long and short, it's worth the cost. $50 to file, plus showing up one day with a handful of papers and a buddy or two in tow to get it done is fine. On top of that, most shitbag landlords don't want to get sued, so it may force the issue even before it sees a day in court (usually if someone's doing something like that, the house may not be taxed as a rental, or may be out of code/spec, or other legal violations that will cost a LOT more than 600 bones.)

Hopefully your friend does go forward, gets his money, and learns his lesson. Get that shit on paper!

[Anonymous No.1117198]

>>1117186
The landlord is keeping it because he will not accept my friend's assertion that he was a tenant at will all along (however, if my friend never was a tenant at will, you'd think the landlord would come after him for a break of lease and unpaied rent)
You are a real bro, anon.
Thanks a bunch.

[Anonymous No.1117203]

I don't get why he paid the last days instead of saying "keep the deposit as payment for the last month".

[Anonymous No.1117204]

>>1117198
Any time, anon. Frankly, with the landlord being that much of a dumbass, triple damages is pretty likely for your friend.

>>1117203
GA law doesn't allow that. Deposits must be kept in escrow and must have their own individual paper trail. I doubt that the landlord in this case did that. These deposits cannot be used to offset final rents, just unpaid/unrepaired damages exceeding normal wear and tear.

[Anonymous No.1117223]

NJ here just moved after two years of on time payments with tonight being the last night on the lease. Gave 60 days notice tothe landlord but now hes claiming I gave none. Some lords of the land are so greedy!

[Anonymous No.1117226]

>>1117098
Your friend is boned unless he has some kind of physical evidence showing he lived there and paid for it.
>This includes bills to that address with your friend's name on it.
Even still there is no guarantee since he didn't sign a contract in the first place.

[Anonymous No.1117235]

>>1117098

> Security deposits

this situation and 100 others is why I HATE putting down a security deposit. They usually fuck the tenant and help the landlord.

This small amount of money aint worth fighting over.

Last apartment I lived in some shit went down, and I just said fuck it and let the cunt landlord have it.

An easy thing to try is have a lawyer send a letter of intent to the landlord prick. These can usually be drafted up for $100 - $200. This will typically scare the guy into giving the money back.

[Anonymous No.1117239]

>>1117162

Cumming here.

Where you at?

[Anonymous No.1117246]

>>1117226
You know how I know you have no idea what you're talking about?
Judge: "So, Mr. Landlord, you're saying that he was never a tenant and/or never paid?"
Landlord: "Yes, your honor."
Tenant: "Your honor, here are my documents."
Judge: "Mr. Landlord, then why was he having packages delivered to his home, and why does he have three witnesses who confirm his residence?"

>>1117235
GA's magistrate court filing fee is $50, and service can be done via certified letter with return receipt ($7.) That beats getting a lawyer and as I noted in >>1117194 will likely get a shitty landlord to pony up. I wish you hadn't let your landlord keep the money, makes it harder for us good landlords who actually do what we're supposed to. Fuck shitty landlords.

[Anonymous No.1117302]

>>1117246

>Judge: "So, Mr. Landlord, you're saying that he was never a tenant and/or never paid?"
My friend's understanding is that the landlord will try the "My old tenant agreed to live in my home one year but broke the lease and should be glad all I'm doing is keeping his security deposit."

[Anonymous No.1117323]

>>1117302
Ok then the judge will ask for proof of this 1 year lease with a signature. If there is no paper work then he has no choice but to pay.

[Anonymous No.1117326]

>>1117302
Again, tenant-at-will. It's well within your friend's rights to break the lease at any time with 30 days notice. No lease, no contract term. Period, full stop bro. Without a written lease, he is automatically defined as tenant-at-will. He paid his 30 days, that's all that counts there.

Also, if that's what your friend understands will be the likely defense for the landlord, then the landlord doesn't understand the law very well. By law, the security deposit is untouchable. It must remain in escrow, or bonded, until it's either used to repair or used to pay. The landlord is allowed to keep any interest earned on the deposit, but that's it. If it's used to repair, then the landlord must have an itemized copy of all damages listed pre-rental, signed by both the landlord and the tenant, with the endorsed original to the tenant and the duplicate to the landlord. They must also have an itemized list of all damages post-rental, again signed by both the landlord and tenant.

Like I said earlier, GA law is surprisingly pro-tenant. If he can produce those invoices and at least one corroborating witness, he's going to win because the landlord doesn't freaking know what "tenant-at-will" means, legally.

[Anonymous No.1117330]

>>1117323
Yes, this. To have a lease bound by a term, you have to have a printed contract. No printed contract, no term.

[Anonymous No.1117336]

>>1117302

One last resource, because I'm about to hit the sack. Here's the GA Department of Consumer Affairs "Landlord-Tenant Handbook." Go to the bottom of page 19, it lays out the specifics regarding verbal tenancy. Your friend is in a good position.

https://www.dca.ga.gov/housing/HousingDevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

[Anonymous No.1117340]

>>1117336
youre the good kind of anon. Have a good night.

[Anonymous No.1118935]

>>1117336
You are the most based anon I've ever encountered.