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Ask Legalease Your Own Question
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16208
Experience:  15 yrs residential & commercial leasing experience.
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I rented a room from a guy who wrote a 1 year lease rental

Customer Question

I rented a room from a guy who wrote a 1 year lease rental contract..we both signed it..I paid him cash for 5 months..his mother came in violently..telling me she was the ONLY one on the lease? She was crazy I called the cops..they asked me to leave just for the nite...never to be let back in and her and her son wouldn't let me get anything OF MINE... I CONTACTED THE REAL landlord SEVERAL TIMES AS WELL...HE NEVER RETURNED MY CALL
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  NYFamilyAttorney replied 1 month ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law and appeals. I look forward to helping you today.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you. It is NO EXTRA CHARGE to you but it’s important to me! Thanks!

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. This is for educational purposes only and you are advised to seek your own legal counsel. The attorney herein is licensed in NY only.

Also – I will be typing my answer for you so I’ll be back asap.

Expert:  Asad Rahman replied 30 days ago.

Unfortunately we cannot represent you. At this point I would file a wrongful eviction claim and breach of contract claim in court.

Expert:  Legalease replied 30 days ago.

Hello there Kathleen --


I am another attorney here at Just Answer and this question just came across my desk. I see that you have not received a regular answer from the two other experts who reviewed the question and so I am going to go ahead and give you an answer.


This entire thing sounds like a scam in order to get money out of you and it seems like the property was not for rent at all. I am wondering if his mother is in on the scam or if he simply did not tell her anything and changed the locks so you could not get back into the place, I am not sure. However, if you can find the guy who leased it to you and signed the lease, I suggest that you take this entire matter to the local police department and ask to speak to a detective in the fraud division and discuss the case with the detective to see if there is enough for them to pursue a criminal charge for Theft by Deception from you.


In order to recover your money and belongings, you either must hire an attorney to sue everyone involved OR you can sign the matter up in small claims court in the nearest district court to you. You can get the forms for a small claims action at the clerk's office for the civil court in your county. You complete the forms yourself and you charge them with Wrongful Eviction, Breach of Contract and theft by deception of the rent money and your belongings that had already been placed in the unit before you were thrown out. You do not need an attorney to handle a small claims court and the atmosphere in front of the judge is very informal. Once you complete and submit the paperwork to the clerk;s office, they will send copies to the Defendants and they will issue a hearing date on the matter which is usually about 3 weeks or so after you make the application to the court.


In the meantime you should write a letter to the person who owns the house (mother, son -- include everyone in the letter) and state in the letter that unless they want to turn over your property immediately then they better keep it in a safe place for the time when the matter is heard by the judge at the small claims hearing because you are seeking an order to get your property back.


I hope this helps. Please let me know if you have further questions. If not, can you please press a positive rating above in the ratings section so I will be paid for my time assisting you this evening. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the rating section, THANK YOU VERY MUCH



Expert:  Legalease replied 23 days ago.

Hello again --


Do you have any additional questions for me on these matters? If not, can you please press a positive rating above in the star rating section -- pressing the middle star or the fourth or fifth star to the right of the middle star are all positive ratings. I am paid nothing by Just Answer for my time assisting you unless you press a positive rating above. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today.. THANK YOU VERY MUCH !!



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