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I'm not sure if this is the right place to post this, but I know that the usually well-informed TL community might be able to provide some basic advice in regards to my having a dispute with a new landlord.
To make a long story short, I entered into a rental agreement with two friends, and the set term of occupancy, as written and agreed upon by the landlord in the lease agreement, began on August 15th, a requirement that all three of us agreed upon due to our collectively having nowhere to live near the Ohio State campus. I arrived in Ohio on August 10th, only to find out a few days later that the landlord had emailed one of my roommates and stated that move-in would not be possible until the 1st of Sept. In essence, I had arrived in Ohio with all of my valuables and a cat, ready to move in on the 15th, only to be basically told that I was effectively homeless for in excess of 15 days.
My question is: can I take the landlord to small claims court and require compensation for living expenses incurred as a result of his breach of contract? Luckily, I found a relatively cheap motel (although I didn't go dirt cheap due to my having a pet and valuables), and have been in contact with the landlord, only to be told that he will not pay anything. Thanks in advance for the assistance, I am losing my mind without a stable living situation.
 
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That sucks, if your contract says you could move in the 15th then I don't think it matters that he sent an email out. The terms of your contract were as stated. I am not too familiar with tenant-landlord laws though. How much is this going to cost you out of pocket, and why are you unable to move in?
Also how long was the advance notice that you couldn't move in until the first? It sounds like you were supposed to move in the 15th, arrived there the 10th, and your friend was emailed the 12th/13th saying you couldn't move in until the first. At that time you should of contacted the landlord and forced him to make proper arrangements for you considering he was fucking you over.
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Stop by student legal services at 20 E.11th Avenue, just off High Street. They can provide a lot of information about off campus housing, landlords, legal services and the such. Here's their website, hopefully they can help you: http://studentlegal.osu.edu/ . They are only open when classes are in session, so I think this coming week will be your last chance before school starts in a month.
edit: I'm an OSU student as well, just so that this doesn't seem as creepy.
And out of curiosity, would you mind PMing me the name of the landlord/rental company? There are some pretty shitty ones around campus, sorry to hear this happened.
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On August 21 2011 07:39 RebirthOfLeGenD wrote:
That sucks, if your contract says you could move in the 15th then I don't think it matters that he sent an email out. The terms of your contract were as stated. I am not too familiar with tenant-landlord laws though. How much is this going to cost you out of pocket, and why are you unable to move in?
Also how long was the advance notice that you couldn't move in until the first? It sounds like you were supposed to move in the 15th, arrived there the 10th, and your friend was emailed the 12th/13th saying you couldn't move in until the first. At that time you should of contacted the landlord and forced him to make proper arrangements for you considering he was fucking you over.
I've still never gotten a direct explanation from the landlord, all information in regards to move-in dates came filtered through one of my roommates, and as a result, I only found out about the whole fiasco on the 13th. The reason, as far as my roommate gathers, is that the previous tenants have a contract that guarantees them occupancy until the 31st, which really has nothing to do with the contract I signed.
Cancelled moving fees, transportation costs (I am without a vehicle, and the apartment in question is incredibly well positioned access-wise), and the cost of a safe, cheap motel for the 16 day period ends up being well over a grand, a grand that would otherwise go towards the first few months rent. I contacted the landlord by email on the 15th, after finalizing the cancellations and finding a place to live, only to be given the runaround for 5 days. Today, I received an email that he would provide temporary occupancy at a random property in a very unsafe part of town, sans internet access (which I depend on in my work). Needless to say, I refused his offer and said I'll take around 800-900 dollars to literally afford the motel I'm stuck at, and now he says see you in court. I am fairly confident that I am in the right, and am preparing small claims paperwork and evidence as we speak. Thanks for the advice bro.
And to Molybdenum, I wish I could access student legal services, only I just graduated lol (total bummer man)
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If you have a signed contract (both parties) that calls for you to move in on August 15th any expenses incurred due to the breach should certainly be paid for.
First off you should just talk to him and tell him you want compensation because of the contract, if he declines then move into legal zone. Keep receipts from the motel, and yeah talk to the student center, they can review the lease and give you advice of what to do.
Good luck
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On August 21 2011 07:52 CurLy[] wrote:
If you have a signed contract (both parties) that calls for you to move in on August 15th any expenses incurred due to the breach should certainly be paid for.
First off you should just talk to him and tell him you want compensation because of the contract, if he declines then move into legal zone. Keep receipts from the motel, and yeah talk to the student center, they can review the lease and give you advice of what to do.
Good luck
Thanks for the advice mate, I did my best to emphasize the direct financial harm he was causing as a result of his breach, rather than get adversarial about it, but to no avail it would seem. Hopefully, I won't need any luck :D
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If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc.
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On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc.
Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks.
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I live in Columbus/near the OSU area. A good friend of mine had a similar problem when she first moved here from out of state. Her landlord changed the move in date as well, the day she arrived. She had a friend to stay with though, so she was a lot less pissed than you. From what I remember, she wanted to take this guy to small claims court but it was a lot more trouble than it was worth (for her at least, she had somewhere to stay. : /)
Her landlord was sketchy as hell, and if yours did something similar to this I'd be concerned about what other shit he would pull. It IS illegal. Thank goodness for landlord/tenant laws! My friend was probably just lazy about pursuing the claim due to not losing such a large amount of money.  I'd be super pissed! Good luck, these things can happen to anyone and are pretty common. Don't give up, you deserve that compensation.
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On August 21 2011 08:58 farvacola wrote:Show nested quote +On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc. Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks.
Just becuase you can sue dosent mean you should. A good thing to do is find out why the room became unaviable during those dates. Its quite possible the lanlord is having a worse time then you and youll probally just piss him off if ou sue. I assume you still plan on moving in and probally wouldnt be in your best intrest to piss him off. I would gather a little more information before making a move.
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On August 21 2011 10:40 Darkdeath3 wrote:Show nested quote +On August 21 2011 08:58 farvacola wrote:On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc. Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks. Just becuase you can sue dosent mean you should. A good thing to do is find out why the room became unaviable during those dates. Its quite possible the lanlord is having a worse time then you and youll probally just piss him off if ou sue. I assume you still plan on moving in and probally wouldnt be in your best intrest to piss him off. I would gather a little more information before making a move.
Believe me, I'm well aware that litigation is the last choice, only in this case it is literally my only choice. I am only able to afford a motel with financial help from my mother, who has a terribly tight financial situation herself, and she provided desperately needed funds on the condition that my case sounds very very strong and that I will be able to pay her back in short order. Having graduated with an English degree from OSU last June, I barely make it month to month doing freelance writing and working a shitty menial job, the sudden and additional need to spend hundreds of dollars on crappy temporary living conditions is something I cannot afford to ignore seeking compensation for.
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On August 21 2011 10:40 Darkdeath3 wrote:Show nested quote +On August 21 2011 08:58 farvacola wrote:On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc. Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks. Just becuase you can sue dosent mean you should. A good thing to do is find out why the room became unaviable during those dates. Its quite possible the lanlord is having a worse time then you and youll probally just piss him off if ou sue. I assume you still plan on moving in and probally wouldnt be in your best intrest to piss him off. I would gather a little more information before making a move.
If you are losing $1000 in motel fees because the guy in breach of contract, you have to sue to recover your money. "Don't piss him off" is scared, submissive behavior that leads to you being abused more in the future.
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On August 21 2011 10:58 cz wrote:Show nested quote +On August 21 2011 10:40 Darkdeath3 wrote:On August 21 2011 08:58 farvacola wrote:On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc. Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks. Just becuase you can sue dosent mean you should. A good thing to do is find out why the room became unaviable during those dates. Its quite possible the lanlord is having a worse time then you and youll probally just piss him off if ou sue. I assume you still plan on moving in and probally wouldnt be in your best intrest to piss him off. I would gather a little more information before making a move. If you are losing $1000 in motel fees because the guy in breach of contract, you have to sue to recover your money. "Don't piss him off" is scared, submissive behavior that leads to you being abused more in the future.
This is pretty close to my mentality and opinion on the subject. In most countries that base their system off of English Common Law, the matter of contractual obligation is pretty simple; if you make a mistake, you fix it, plain and simple.
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On August 21 2011 11:07 farvacola wrote:Show nested quote +On August 21 2011 10:58 cz wrote:On August 21 2011 10:40 Darkdeath3 wrote:On August 21 2011 08:58 farvacola wrote:On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc. Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks. Just becuase you can sue dosent mean you should. A good thing to do is find out why the room became unaviable during those dates. Its quite possible the lanlord is having a worse time then you and youll probally just piss him off if ou sue. I assume you still plan on moving in and probally wouldnt be in your best intrest to piss him off. I would gather a little more information before making a move. If you are losing $1000 in motel fees because the guy in breach of contract, you have to sue to recover your money. "Don't piss him off" is scared, submissive behavior that leads to you being abused more in the future. This is pretty close to my mentality and opinion on the subject. In most countries that base their system off of English Common Law, the matter of contractual obligation is pretty simple; if you make a mistake, you fix it, plain and simple.
The only problem I could see is if he can argue that you agreed to the later start date. If you just said "okay" when he emailed you, you might be in trouble.
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On August 21 2011 11:16 cz wrote:Show nested quote +On August 21 2011 11:07 farvacola wrote:On August 21 2011 10:58 cz wrote:On August 21 2011 10:40 Darkdeath3 wrote:On August 21 2011 08:58 farvacola wrote:On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc. Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks. Just becuase you can sue dosent mean you should. A good thing to do is find out why the room became unaviable during those dates. Its quite possible the lanlord is having a worse time then you and youll probally just piss him off if ou sue. I assume you still plan on moving in and probally wouldnt be in your best intrest to piss him off. I would gather a little more information before making a move. If you are losing $1000 in motel fees because the guy in breach of contract, you have to sue to recover your money. "Don't piss him off" is scared, submissive behavior that leads to you being abused more in the future. This is pretty close to my mentality and opinion on the subject. In most countries that base their system off of English Common Law, the matter of contractual obligation is pretty simple; if you make a mistake, you fix it, plain and simple. The only problem I could see is if he can argue that you agreed to the later start date. If you just said "okay" when he emailed you, you might be in trouble.
Thats the icing on the cake really, I never received a notice from the landlord that the date had changed, I had only discovered that the move-in date had changed two days before the originally agreed upon date of occupancy. I still have not gotten a clear explanation of the reason for the breach of contract, or what date we are to move-in exactly. As far as I know, a landlord has the duty to inform all tenants of changes in contract, not just one.
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Tell me how it turns out, I'm very interested. And Goodluck!!
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I'm also interested in how it turns out since I am an OSU student.
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OSU/Columbus barcraft! <3 After you get settled in, of course.
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On August 21 2011 12:29 Porcelain wrote:
OSU/Columbus barcraft! <3 After you get settled in, of course.
I must second this notion, a Cbus barcraft meet would be pretty sweet.
Thanks for the support folks, I'll keep y'all updated, I take a trip to the Clerk of Courts for claim filing on Monday!
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On August 21 2011 10:53 farvacola wrote:Show nested quote +On August 21 2011 10:40 Darkdeath3 wrote:On August 21 2011 08:58 farvacola wrote:On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc. Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks. Just becuase you can sue dosent mean you should. A good thing to do is find out why the room became unaviable during those dates. Its quite possible the lanlord is having a worse time then you and youll probally just piss him off if ou sue. I assume you still plan on moving in and probally wouldnt be in your best intrest to piss him off. I would gather a little more information before making a move. Believe me, I'm well aware that litigation is the last choice, only in this case it is literally my only choice. I am only able to afford a motel with financial help from my mother, who has a terribly tight financial situation herself, and she provided desperately needed funds on the condition that my case sounds very very strong and that I will be able to pay her back in short order. Having graduated with an English degree from OSU last June, I barely make it month to month doing freelance writing and working a shitty menial job, the sudden and additional need to spend hundreds of dollars on crappy temporary living conditions is something I cannot afford to ignore seeking compensation for.
Yes, but how was the move-in date being changed discovered by you or another tenant? What was your immediate reaction in communicating with the landlord, and what have you communicated to him since? If you or another tenant just said "wtf, well okay I guess," then he can argue you mutually agreed to move the start of occupancy.
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On August 21 2011 12:44 cz wrote:Show nested quote +On August 21 2011 10:53 farvacola wrote:On August 21 2011 10:40 Darkdeath3 wrote:On August 21 2011 08:58 farvacola wrote:On August 21 2011 08:41 HCastorp wrote:
If you follow up with going to court, you are probably going to be in a good position. Your university will likely provide free representation, whereas the landlord will have to pay, giving him a strong incentive to settle. It is definitely worth your time to follow this up, save all documents, etc. Perhaps luckily (or unluckily), Ohio small claims court is lawyerless, it's more a judge judy style stand and plead your case before a magistrate or judge (Should only cost me around 80 bucks to file as well.) I've done a fair amount of research on Ohio contract law precedent and I'm quite familiar with the Ohio Revised code section on Landlord/Tenant law, and I am around 90% confident in my justification of compensation amounting to between 800-1200 dollars. I always want to hear devils advocate opinions and outsider perspectives though, its the smartest way to go about things methinks. Just becuase you can sue dosent mean you should. A good thing to do is find out why the room became unaviable during those dates. Its quite possible the lanlord is having a worse time then you and youll probally just piss him off if ou sue. I assume you still plan on moving in and probally wouldnt be in your best intrest to piss him off. I would gather a little more information before making a move. Believe me, I'm well aware that litigation is the last choice, only in this case it is literally my only choice. I am only able to afford a motel with financial help from my mother, who has a terribly tight financial situation herself, and she provided desperately needed funds on the condition that my case sounds very very strong and that I will be able to pay her back in short order. Having graduated with an English degree from OSU last June, I barely make it month to month doing freelance writing and working a shitty menial job, the sudden and additional need to spend hundreds of dollars on crappy temporary living conditions is something I cannot afford to ignore seeking compensation for. Yes, but how was the move-in date being changed discovered by you or another tenant? What was your immediate reaction in communicating with the landlord, and what have you communicated to him since? If you or another tenant just said "wtf, well okay I guess," then he can argue you mutually agreed to move the start of occupancy.
This is where things do get a bit nebulous, but as far as I know, a landlord must communicate with ALL tenants in regards to possible contract changes, and in this case he had only emailed my one roommate, who failed to inform me until the 13th, two days before the supposed move-in date. My immediate reaction was a scrambling to find proper storage and housing for myself and cat, and then once I got internet access, I sent the landlord an email immediately explaining that the date change was unacceptable financially. I am incredibly pissed at my roommate for not telling me sooner, but its not really his job in the eyes of the law afaik.
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EPT
