What’s the best way to get my rent back?

January 26, 2019 7:50 AM

I paid for a vacation house in Florida for two months. I paid on time first month and early the second month. I had not started the second month rent cycle. A lease with signed. The owner was crazy, and would come into the house and bedroom (!) unannounced. She decided to bring on a second tenant without consulting me (because I’m single I didn’t need the whole house she claimed), which I’m told is illegal as I’m not on that lease. I asked to meet the tenant privately, told her about the behavior and tenant promptly decided not to go. Owner found out and I was promptly kicked to the curb, literally told to grab my things and leave. I want my rent back and she won’t give it back (SquareCash). Can I dispute this early payment of rent with my CC company?

I’m nearly certain she’s a heavy drug user as I found cocaine and a crack pipe throughout the house. When talking to her a few odd things struck me: she has a trust that she can only access through her trust advisor. I take that to mean someone somewhere didn’t trust her with money. I’m guessing she already spent the rent money on drugs.

I’m in a hotel on my way home. This has cost me a lot considering expenses incurred in last minute travel. I’d be happy with just the rent money. She also claims I violated the lease and doesn’t owe it back. She did not stipulate the violation. I would not be surprised if she made something up. In any case what’s the fastest way to get my money back?

I also received a long rambling text she has my ID and fingerprints (needed to access the gated community). I don’t think they’d just hand that over, nor do I know what it means. A threat of some sort?

posted by geoff. to Law & Government (6 answers total)

Stop communicating with her. You can try to get the money back through small claims court but as you said, she probably doesn't actually have it and if so there's not much you can do, you can't get blood from a stone. You are probably out a month's rent, sad to say. I very much doubt that anything you can do with this woman directly is going to induce her to cough up your rent money, but it does sound possible that it could escalate into a genuinely dangerous situation for you. Again, you could try small claims court but good luck. The one time I tried to sue a landlord in small claims (long story) he just avoided service until the court gave up trying.
posted by Anticipation Of A New Lover's Arrival, The at 8:16 AM on January 26, 2019 [2 favorites]

Oh, I missed that you paid via credit card, is that right? If so then yeah, it certainly won't hurt to file a dispute. You paid for services that you did not receive, sounds fairly clear cut. Worth a try.
posted by Anticipation Of A New Lover's Arrival, The at 8:24 AM on January 26, 2019 [13 favorites]

I want my rent back and she won’t give it back (SquareCash).

Are you insisting that she pay you back by SquareCash? You can't demand that specific form of payment, even if your credit card is connected to SquareCash.
posted by JimN2TAW at 8:35 AM on January 26, 2019

Response by poster: I’m saying I paid her via SquareCash. I have cut off direct communication and have not been engaging her, I was simply getting long rants. I doubt small claims will be effective as noted. So disputing the SquareCash charge is the best way to go as I never received services rendered? As noted above I doubt I’ll get the money from her.
posted by geoff. at 9:59 AM on January 26, 2019

It doesn't hurt to dispute a claim. At worst, you'll be out the money you're already out, it shouldn't cost you more to dispute. In addition, because it is "rent" the sooner you do it the more documentation you are not there.

You may be able to contact a local tenant organization for free legal help as you resided there depending on your income. They may be able to reference local applicable laws. *tenant law varies widely depending on juristriction, so you may have clear legal recourse or none at all or somewhere in between.
posted by AlexiaSky at 10:17 AM on January 26, 2019

In any case what’s the fastest way to get my money back?

A consultation with an attorney in Florida may be the fastest way to understand your options. Your mention of how the landlord has a trust and a trust advisor suggests that an amicable solution may be possible after a brief discussion between your lawyer and the trust advisor.
posted by Little Dawn at 10:54 AM on January 26, 2019