Me against the landlord

So in November me wife and kids moved into an apartment the guy we rented from I didn't meet until January I dealt with his son until then.Well when we moved in there was no contract,no lease nothing...it was pay per month..I told his son when we moved in the floor in the bathroom was rotten and needed fixed. Well he "fixed" it by jacking it up and attempting to do a half assed job of fixing it. We moved out March 5th or so. I get served papers March 18th saying the landlord has filed for a criminal warrant against me because I caused over 5k in damage to his pos apartment. I admit the doors to the bedrooms were broken and we painted the walls and one of the cabinet doors was broken off. He is trying to claim I damaged the floor by flooding it even though I had his son come out and look at it and attempt to fix it. He has a report from the cop he called out there to look at the place and his witness is some woman who was supposed to rent the place before me but decided not to...she claims the place was immaculate when she looked at it. It wasn't there was trash everywhere and it needed cleaned but anyways. I have my wife,myself,my brother,sister in law and parents that all saw the floor and the condition it was in the day we moved in to this place.I can call witnesses and question his witness if I choose to. I am curious as to what I should do? Should we claim that we never lived there since there is no contract nothing was ever signed...or should I as I was planning to do admit to the judge yeah I broke the doors and the cabinet and painted the rooms I will pay for that no problem but I have witnesses who saw the floor for how it was the day we moved in. Just do that and see how it goes or what? It says judge can issue a criminal warrant or a good conduct warrant if neither of us shows..I am hoping he doesn't show since he lives in Florida part time..just wanted to get an opinion from others before went to court. Its on April 18th.

http://www.youtube.com/watch?v=f1WncErDjMc

There's no lease, show up to court and you should win easily.

I know in California the renters win almost every court case, the landlord must have a rock solid case and all the paperwork and receipts to win. Even then they often don't.

Just tell the judge you agreed to move in on month to month terms, there was no lease, and the bathroom and kitchen was severely damaged when you moved in.. you asked them to fix it and they didn't so you moved out. Now they are trying to make you pay for all the repairs. Obvious case of fraud against tenants.

Sounds like a plan to me. That should work well plus I can march 4 or 5 people up there to say there was damage already done when we moved in.

This is why I always took pictures of any place I have every rented. I have had some landlords try to keep my security deposit but when shown the pictures relented and gave full return. Unfortunately, that doesn't help you out. At this point I would say that it is going to come down to he said-she said and I do not know how a judge would rule in this matter. I hope another poster an give you better advise. You might wish to add what state you live in as this could be pertinent. Claiming you never lived there would be perjury. Just my 2 cents.

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Originally Posted by Dissent

So in November me wife and kids moved into an apartment the guy we rented from I didn't meet until January I dealt with his son until then.Well when we moved in there was no contract,no lease nothing...it was pay per month..I told his son when we moved in the floor in the bathroom was rotten and needed fixed. Well he "fixed" it by jacking it up and attempting to do a half assed job of fixing it. We moved out March 5th or so. I get served papers March 18th saying the landlord has filed for a criminal warrant against me because I caused over 5k in damage to his pos apartment. I admit the doors to the bedrooms were broken and we painted the walls and one of the cabinet doors was broken off. He is trying to claim I damaged the floor by flooding it even though I had his son come out and look at it and attempt to fix it. He has a report from the cop he called out there to look at the place and his witness is some woman who was supposed to rent the place before me but decided not to...she claims the place was immaculate when she looked at it. It wasn't there was trash everywhere and it needed cleaned but anyways. I have my wife,myself,my brother,sister in law and parents that all saw the floor and the condition it was in the day we moved in to this place.I can call witnesses and question his witness if I choose to. I am curious as to what I should do? Should we claim that we never lived there since there is no contract nothing was ever signed...or should I as I was planning to do admit to the judge yeah I broke the doors and the cabinet and painted the rooms I will pay for that no problem but I have witnesses who saw the floor for how it was the day we moved in. Just do that and see how it goes or what? It says judge can issue a criminal warrant or a good conduct warrant if neither of us shows..I am hoping he doesn't show since he lives in Florida part time..just wanted to get an opinion from others before went to court. Its on April 18th.

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There you go ... Admission of guilt on a public forum.

Now what ?
Try to get out of what you have already admitted to doing ?

Good luck, and I hope the owner or the owners representative doesn't find these words ;)

He is trying to claim I damaged the bathroom floor which we did not do and can get witnesses to testify to that fact.

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Originally Posted by azxd

Now what ?
Try to get out of what you have already admitted to doing ?

Good luck, and I hope the owner or the owners representative doesn't find these words ;)

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No. he's upset about a floor, not the doors.

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Originally Posted by azxd

There you go ... Admission of guilt on a public forum.

Now what ?
Try to get out of what you have already admitted to doing ?

Good luck, and I hope the owner or the owners representative doesn't find these words ;)

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Yeah, I'm sure the landlord is gonna spend huge sums of money tracking this admission to a user. :rolleyes:
Still, I hold with my original statement. Do not perjure yourself in a court.

First, go get a free consultation from a lawyer. He/she will give you the ins/outs of the laws in your state (you could even find a renters advocacy group) and tell you how he/she will approach the case, then you can decide to hire them or fight it yourself. This will also give you a solid strategy to go to court with. Always be careful what you say (or post) in regards to the matter, and never admit any guilt, the law can be tricky.

The first sentence is the future.

I can't tell you what to do now, but for those who fear they might be in the same position.

1) put things in writing, even if you dont want a lease, sign by both parties about a month to month contract. Do this as long as you don't trust them as family

2) take photos, better yet, have them sign the photos, this is best for both landlord and tenant to do.

3) while it's a general rule that tenants tend to win in California, it still matters who has the facts on their side, who is more likeable in court...etc. Always better to avoid court.

4) document any changes, again, by photo. So if something is damaged while you are in there, take photos and let them know immediately, this doesn't matter if its your fault or not, but if both sides know of the alterations, both are in a better position to resolve the problem.

As a landlord I have every tenant walk the entire house with a checklist and write down every defect or problem before they move in. Then we both get signed copies. Of course I take pictures of the entire house before hand. Any tenant should do the same thing.
Something to think about as to the last tenant testifing against you. She is not impartial. If you prove it was that way when you moved in it was her that did the damage. Last thing in the world she would want is that to be the case.

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Originally Posted by phill4paul

This is why I always took pictures of any place I have every rented. I have had some landlords try to keep my security deposit but when shown the pictures relented and gave full return. Unfortunately, that doesn't help you out. At this point I would say that it is going to come down to he said-she said and I do not know how a judge would rule in this matter. I hope another poster an give you better advise. You might wish to add what state you live in as this could be pertinent. Claiming you never lived there would be perjury. Just my 2 cents.

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This. You take pictures and do a short written report about the state of appliances, windows, floors and any damage that is already there. You and your landlord both sign it when you move in. That way he can't claim anything false and neither can you. Before you move out clean the place and add of a fresh coat of paint to whatever you've painted (always keep the extra paint you bought for this).

Stupid iPhone double post

Your state should have landlord/tenant laws posted on it's website. Prior to your residence, the landlord must have been issued a certificate of occupancy. The first thing the judge will want to see is the contract (lease). If there isn't one, he has no case.

Did you take pictures of the place when you moved in? It is always a good practice. Since you are being sued by him, I would stop paying rent right now. Make him jump through the loops to get you evicted. Renter laws most often favor the renters. You could stay in the place rent free. In California I hear now that it can take up to 11 months to get a dead beat out of your rental if they decide to fight the eviction. If you lose the case I would just not pay the judgement. Let him try to collect. The fact that it is a criminal warrant concerns me though. I would suspect the DA would have to file charges against you. This would on the face seem as if it was a civil matter.

You may not have had a lease, but did you pay with cash or check? If you paid with a check he can use that as proof of you living there.

I paid with cash always and he isn't suing me. He is trying to get a criminal warrant taking out against me. guy is freaking nuts.

This might seem like an old-fshioned idea but TELL THE TRUTH. That's it. Go to court, bring your witnesses, and ALL OF YOU TELL THE TRUTH. Sheesh.

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Originally Posted by Dissent

I paid with cash always and he isn't suing me. He is trying to get a criminal warrant taking out against me. guy is freaking nuts.

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What do you mean "trying"? The authorities have either filed charges or not.