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potential landlord revised lease now threatens to sue?

I signed a lease for a house, to be effective October 15.

I was due to receive my pay for a contract, it was to be deposited into my account October 11. I wrote the landlord a cheque for a rent deposit for October 11, because I had been assured my pay would be in my account.

When I found out my pay hadn't been put into my account in time (the 11th was a stat holiday), I called him and emailed him immediately to hold the cheque until the next day. However, he had deposited the postdated cheque a week early, so it bounced from my account. He also told me his bank only did a VERBAL check to see if the funds were in- that he never cashed the cheque (he DID, AND it seems he changed the date on the cheque, and my bank flagged it "suspicious" and held it. I have a carbon copy as proof the date was altered).

He called me screaming at me saying I was screwing him over, and that he was going to sue me for breach of lease. I understand he was upset about not being paid onthe 11th, but there was nothing I could do.

In the past week, he has emailed me no less than 20 times, threatening to sue and charge me with fraud, since the funds weren't in the account when I wrote the cheque. (I assumed they would be).

He keeps emailing me saying he is still advertising it for rent, while I was under contract for the house, as he hadn't been paid yet.

He sent us a new lease this weekend, with new dates and clauses- monthly inspections on the house, legal cosignors, and other things not in the original lease. I refused to sign it. I told him to send it to me originally, but when I saw the changes, I decided I was no longer interested in the BS from the landlord. So the landlord emailed a copy of the lease to my father, asking him to sign it (he tracked him down for his email address online). My father called me asking what the hell was going on, and had signed it but not sent it back. I told him to rip it up and NOT TO SEND it. So he shredded it.

the landlord called me this morning, and said we have until the evening to decide what to do. If we don't take the house, he is suing us for a month rent ($1250)-- but, the first month rent was only for half a month (15th of oct on).

He is really making this hell. I do NOT want to move into that house now, because he is a nightmare to deal with. We have also asked around, and it turns out almost all his tenants get evicted after paying first & last months rent. Also turns out he has been involved in a LOT of fraud cases against tenants (suing tenants for fraud).

Since he sent us a new lease different from the one we signed, is the first lease void? Also, can he sue since the first lease is void (because of the second lease?)?? I am REALLY not interested in renting this house anymore- he keeps telling me he can "get me out of the house if I cause any more trouble to him".

I am contacting a lawyer this afternoon with all the emails and leases.

Update:

I should also ad- he calls my house/cell at least 20 times a day asking for money (he wants THREE months rent upfront, not just first and last). And he threatens to drive to my house (3 hours away) to collect "whats due to him".

I contacted our local tenant board, and they say I will owe him one month rent, which I am FINE with paying (as I told him, but I do not want to live in the house, due to his harassment).

I was told to file a complaint with the tenant board due to harassment. And that a lease can be voided during that hearing due to harassment, if it goes that far.

I am NOT a deadbeat trying to screw him over. I offered to pay him the one month rent TODAY but he declined and said he preferred to "get whats due to him" by coming to my current house.

I have called the police to complain, also. And called the local federal police to ask about the cheque- and they said if we had reasonable anticipation of the money being in there to cover the post dated cheque, we're fine...

Update 2:

Just got off the phone with my bank- they say the date on the cheque was ALTERED, that they held the cheque due to the date looking "off". We have proof he altered the cheque from our bank, and the carbon copy of the cheque I wrote.

Also, post dated cheques are ONLY illegal if the recipient refuses to accept them- he ACCEPTED the post dated cheque, screwed with it, and is now crying fraud on us.

What a crook this landlord is- I asked around and it turns out he also asks for only cash payments and most of the time refuses to give receipts. He's a crook.

5 Answers

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  • 1 decade ago
    Favorite Answer

    He is correct to sue you, you have not paid rent. You have made your problem his, and that is not acceptable.

    He is also correct, it is a crime to write a bad check, a felony if that check is over 300 bucks.

    The landlord is not making anything hell. You are a dead beat trying to screw him over, he is the victim here.

    It is good that you have a lawyer, you are going to need one.

  • 1 decade ago

    I was going to say get a lawyer, but I see you are already doing that. I agree with you on not moving in. Let him try to sue, and if you can get a record of all the people that he has sued then that would help you if he tried to sue you. A judge may look at his record and realize he is just after money and not being a landlord. I could understand the landlord charging you a late fee and maybe a bounced check fee, but he should not be able to change a contract, especially once one has been signed. I would also turn this person in to the BBB. There also may be some other land or renting control agency in your area that you can talk to.

  • 1 decade ago

    1. You did the right thing not signing the new lease obviously.

    2. The check problem is on you.

    3. The first lease is not void.

    4. IF it says on the lease the money was due by 10/11, then he CAN sue you for breach.

    5. I would speak with a lawyer to make sure you understand your rights.

  • 5 years ago

    It will depend how the contract is written and if it in your name only or are all tenants listed? If the other tenants are listed then the contract is between the landlord and the tenant who didn't pay not you. If it's nothing to do with you on the basis the contract is between the landlord and the other tenant I'd write to the landlord to this effect and ask that all correspondence stops or you will counter sue (and win) for harassment as you may have a case depending on what happens, Keep a record of all the contact made as that will dictate if it is harassment depending on what level it has been going on.

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  • Debdeb
    Lv 7
    1 decade ago

    A lawyer is definitely in order.

    It's never a good idea to post date a check. I think it's illegal, and you can't count on the other person to not deposit it too soon.

    If he changed the date, he's committed fraud. Your bank thinks he's done that, so your lawyer might be able to just mention that to him and the whole thing can go away.

    I wouldn't want to live there. He sounds awful.

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