I lived in a room in an apartment for a few months. Had a written agreement for $250/month - the landlord claims to help students. No written lease or signed agreement - just verbal and email exchanges. Had a verbal agreement to pay whatever I could afford after I told him that I might not be able to pay. When I left the apartment I paid him $500 in cash - no receipt. He refused to take checks or give receipts. He asked me for more money and agreed upon $250 more. I emailed him a confirmation of our conversation that this was the last deposit but he didn't reply - so I didn't pay him. Now he's filed a case in small claims. I am not worried about the money - I can it in installments. If he is proved right - I'll pay it. He has been harassing me and other students like this for a long time. Is it worth it to go settle with him or should I just go to court? I am just scared of the effects it would have on my records - I am new to the country and on a work permit. Secondly, most of the other tenants living in the same place don't want to get involved - so I have only 1 person to corroborate some of the issues we had at the place. I would appreciate any advice. Thank you.|||Simple fact...he has to to prove his case with a 51% preponderance of the evidence. Doesn't sound likely that he can do that. Kinda like a he said/she said case situation.|||You didn't have a lease so he can't sue you for back rent. It seems as if he is taking advantage of you and your friends. I bet his apartment is not up to code for renting either.|||Go to court. This is a civil case and so will not go "on your record" at all. If he has no lease agreement which you signed stating that you agreed to pay "x" amount per month then legally he cannot require you to pay anything. If you had a verbal agreement and he just wanted cash and didn't provide receipts and you have a statement corroborating that this will look suspicious in court. Going to court in a civil case as a defendant doesn't cost you anything. Do it and just tell your side. There will be on effects "on your record".|||"Had a written agreement for $250/month - the landlord claims to help students. No written lease or signed agreement - just verbal and email exchanges." You contradict yourself. So do you have an written agreement to pay 250 or not??
Go to court. It will not reflect on your "records" in any way. Before you appear, go to the city and pull the permit history for the property. Determine if the occupancy permits for the property are current and correct. 8 people in an apartment sounds wrong. Sometimes people rent homes that they legally can't. I live in an illegal duplex and the city is after my landlord to correct the problem. They have no permit to rent the lower apartment. So even though my neighbor has a signed lease it is unenforceable b/c the property can't be legally rented. Understand? Is he the owner of this apartment or is he leasing it? If he is a lessee make sure he has the right to sublet, and to how many people. Get pictures of the many beds in the home and the living conditions.
Seek advice from legal services at your school. Many universities give free legal assistance to students, especially immigrants who have language barriers and a lack of US legal knowledge.
Look for renter's rights organizations in your area. If you live in a rent controlled city you will find many organizations to help you.
IN COURT ADMIT THAT YOU STILL OWE $250 AND BRING THE PAYMENT WITH YOU. Begin and end your testimony with this admission and presentation of the check ready. This will show the judge that you are reasonable and not looking for a free ride. Explain your lack of payment in the following way. "I began to suspect that my landlords refusal to accept checks or provide receipts for my cash rental payments would result in his continued pursuit of money that I've already paid. As it turns out that is exactly what has happened. With no proof of payment, I was being forced into a vulnerable position. Many of my roommates feel that this landlord has victimized us but b/c we are foreigners. Most are afraid to come forward b/c they don't understand how this will effect their visa status. Consequently, I am only able to provide you one notarized statement to corroborate my story. All my other roommates refused to get involved for fear of retaliation."
Watch some People's Court and Judge Judy on TV to get an idea on how not to act in court. Only answer the question you have been asked. Answer consciously. Do not argue with the plaintiff. Raise your hand if you want to interject. Look the judge in the eye. BE ORGANIZED. And above all else make sure you never contradict yourself.
Good Luck.
***In response to your additions***
OK then, all you can be on the hook for is $250/month. Did you actually make your monthly payments? Can you create a trail of evidence with your bank statements to show regular monthly cash withdrawals in this amount, or at least more than this amount on or before the date your monthly rent payments were due? Even if you can't prove you gave him the money you can still provide evidence in court that you had money and were able to pay.
When organizing your defense it is important to include all pertinent info. "X" might appear as a witness for your landlord so be prepared to explain the relationship, conversations and confusion "X" created but as it is not necessarily pertinent to your defense I would not complicate the situation by bringing it up. However you still need to be prepared to explain anything %26amp; everything that might become relevant. Organize your evidence into exhibits (A-Z) chronologically and on a separate piece of paper make notes so that as you submit you can explain what each item demonstrates.
A single house that has three separate apartments? Sounds fishy but the city will know. How were the utilities paid. This can indicate if the apartments are legal. Legally subdivided units will almost always have separate utility meters for each unit. If this house only has one power bill for all three apartments there is a good chance it isn't a legal triplex. Does each unit have a unique address with it's own mailbox. If so then the units are likely legal.
Where did you live. Is there rent control in your town? I went to UC Berkeley and here in the California Bay Area there are some major rent control laws. If your in a big college town you might have even more rights than you know. Look on your city's website site for "Rent Adjustment Program" or something of the like. All the laws for our area are easily found online.
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