My landlord tried to evict me and I won in court but he still wants me to move, I offered to let him buy me out, but he is being threatening?
He keeps threatening to throw my stuff out and change the locks when I go to work.
I rented for $1200/mo and after I moved in, he indicated that it was wrong and should have been $1500 and it was a typo. I refused to pay the difference or sign a modified lease. His lease also said I was allowed to have up to 2 pets no more than 25lbs, it makes no mention of a pet deposit, but he demanded a $250 pet deposit after the fact, which I also declined to pay.
On the 2nd month of my 13 month lease, he refused to accept my rent and filed for eviction. The judge threw him out after reading the lease and told him to live with it and fix the lease when I move out.
I told the him that if he wants me out, I would be happy to find a new place if he paid me $1000 to move and put in writing that we are terminating the lease without penalty. But, he didn't think that was fair.
If he continues to threaten me by saying he's going to throw out my stuff and take my pets to the pound while I'm at work, can I just record his threats and end up moving out or getting a restraining order to keep him away?
A hunch: I would be happy to move, but moving actually costs money, and I have done nothing wrong. I will either continue to live here, and he needs to respect my right to live here or he needs to compensate me for the move, re-setting up utilities, taking some time off work to actually move etc. A thousand dollars seems pretty cheap honestly. And, I would absolutely not move until he puts in writing that he is releasing me from the lease so I don't owe any more rent from the day I move.
- garryLv 54 weeks ago
you forget its hes property , you just rent , if he wants more either you pay or get out when the lease runs out , its as simple as that .the judge said you pay the original amount till you lease expires only , after that the contract runs out the owner can do what they like .
- Ron AkiaLv 64 weeks ago
Once the lease is signed, he can't change any of the terms unless you agree to the modification of that lease. I would document each threat he makes and, should he actually be dumb enough to change the locks and throw your belongings out, he's looking at losing any lawsuit you bring against him. He could also be liable to have criminal charges brought against him for breaking and entering, as well as theft should he remove any of your property
- Christin KLv 74 weeks ago
I think you mostly answered your own question. You are absolutely in the right here and your landlord is harassing you. I do think you should find a place to move to, and if he actually does anything to 'force' a move, such as changing the locks, and taking your pets, you can prosecute him. I would try to get that restraining order, too. In fact, in the light of his threats to enter your apartment and harm your pets, I would do that NOW. Personal threats to your pets and possessions are plenty of reason to get one.
That way it's on the record, and he will be at fault. I don't know that it's going to be productive to try to get any money out of him for moving--maybe you should abandon that part of this--because the more YOU antagonize him, the more he will feel justified in doing something really nasty. BUT--putting it in writing that he will terminate the lease for you without getting the remainder of the lease is a good thing to do. If you drop the monetary claim, and just ask for that, I think that's reasonable and safer.
- aLv 44 weeks ago
I'm with A Hunch. It won't cost less to move ten months from now. I'd rather my money go to a decent person than a jerk.
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- Anonymous4 weeks ago
He is really a good landlord. Had it been me, I would have broken your fingers so you would not be able to type.
- R PLv 74 weeks ago
You can record your landlord threatening you **IF** you follow your state's laws & then use that to take him to court to terminate your lease. But it will cost you a lot of money in court costs & time missed from work to do that. And, by the time you get a court date, it may very well be close to the end of the lease anyway.
If I were you, I would ignore the landlord & live my life. I would also be sure to pay my rent in full and on time every month without fail and keep the property in immaculate condition. That way, the landlord has nothing that he can use against you by way of an eviction.
Be sure to give proper notice of vacating per your lease and/or your state's laws, then move when the lease is finished.Source(s): FL landlord
- MaxiLv 74 weeks ago
Threats like this are criminal so phone the police, show them your civil court award ( as background to the issue) tell them the landlord is threatening and harrassing you, keep a record of all and anything the landlord does/says.,,, s threats and harrassment is criminal the police are obligated to deal with it and obligated to speak to the landlord about the behaviour.
- SlickterpLv 74 weeks ago
He knows quite well he'd get killed on that. Yes, record threats and sue his pants off if he tried to do it.
- Anonymous4 weeks ago
Two different things going on - criminal and civil.
Harassment and/or theft are crimes and would be handled by the police.
Early termination of your lease is a civil matter and would be determined by a judge in a court of law.
The latter is unlikely to happen without the former. Meaning, if the landlord is doing something illegal, you need to report it to the police and then take the police report and other supporting evidence to court.
Why do you want to go through all this hassle when the landlord is willing to let you move out early anyways? It seems a wee bit odd. I don't think the judge is going to order him to pay you $1000 so what's the point?
- A HunchLv 74 weeks ago
What is the reason that you don't move?
The landlord doesn't want you there.
You don't like living there; you are going to have to move after the lease is over.
Why don't you find a happier place to live now?
In response to the comments:
Agreed that you have done nothing... but still doesn't make sense for you to stay:
Yes, moving costs money. It is not money you are going to get out of paying. You are going to pay now or pay in 10 months when your lease is over.
What does being stubborn about this get you:
- 10 months of living someplace you don't like vs someplace you enjoy.
- allowing a landlord you dislike to earn $12000 off of you.
that's not a little bit of money, wouldn't you like the landlord to make $0 by hoping he can't rent it????