I thought I paid for an RV space for 5 weeks , Now the landlord is asking for another full months rent. The only thing in writing is e-mails. Can he hold / retain behind a locked gate my RV until rent is paid ?
State/Country relating to question: Texas
I have stated my case via e-mail that I thought I was renting the space for 5 weeks. He knew my son was only taking a summer coarse at college and he knew we only needed the space for 5 weeks. He says he rented it on a month to month basis. He has threated to change lock on the gate until rent is paid.
Hi, and Welcome to JustAnswerMy name isXXXXX am a licensed, practicing Attorney and would like to helpThe landlord cannot hold your RV behind a gate on which he has changed the locks. It would be the same thing as a landlord changing the locks on an apartment where the tenants have not paid the rent. There is obviously a misunderstanding on the landlord's part since you informed him through emails how long you needed to rent the space for your RV. If the landlord intended to rent the space only on a month to month basis, he had an obligation to you to make his intentions clear at the outset, He cannot use ambiguoous terms at the outset, just to get you to rent the space, then change the terms in midstream, and hold your RV "hostage". If the landlord thinks he rented it to you on a month to onth basis, his recourse is to go to Small Claims Court for what he thinks you owe him, not change the locks on the gate and withhold the RV. If the landlord changes the locks on the gate, does not give you a key, and withholds your RV, you must sue him and show the Judge your emails to the landlord as evidence of what your understanding was of the rental agreement with the landlord, and ask the Judge to award you not only your ordinary damages, but punitive damages as well, Please be kind enough to rate my service to you as "Excellent", If you rate me at anything below 3 stars, it will appear as a negative rating against my name, If you need clarification, please let me know by pressing the "Reply" button, Thank you for allowing me to be of service, ANDREA
If you need clarification, please let me know by pressing the "Reply" button,
Thank you for allowing me to be of service,
25 yrs Real Estate & Business Law, Family Law, Criminal Defense, Immigration, Employment Law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).