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Legal Question

Posted: Tue Apr 14, 2009 8:12 pm
by MobileAudio219
My cousin found a house that he really liked. The rent is a little steep for this area ($675 a month), but it had a decent size garage and he really liked the house so he decided to rent it. There was only one downside, that being my cousin Kathy and her family living next door (same landlord.) Actually the landlord lives right behind both rentals.

After talking to the landlord, they agreed that my cousin could pay the $675 for the first months rent (which would start may 1st), then $675 for the last months rent the following week (this friday), then $300 for the deposit the following week after that...

My cousin gave the landlord $675 for the first months rent and the landlord said to come over the next day and he'd go ahead and give my cousin the key to start moving in some of their little stuff... The landlord wrote my cousin a receipt saying that $675 was paid for rent for the month of may.

Some of you may know the story about my cousin. Him and his roomate are really close. I always joke around about them being gay, but if they are (not that it matters), they arent out of the closet... My uncle is convinced they are gay and spread it all around the family.

Anyways, my cousin was having a yardsale and my grandma was helping out. The landlord came over and was chatting with my grandma and my cousin Kathy, who found it about themselfs to basically "gay" bash my cousin and his roomate.

That evening (saturday) I rode out with my cousin to get the key so he could show me the house. The landlord came over and said he forgot the key at his house and that he wanted my cousin to ride over with him to get it, so my cousin left with him...

Once in the car the landlord looked at my cousin and said "I dont think I can rent the house to you, I heard youre gay." He said that my grandma and cousin Kathy had a lenghty conversation with him about how my cousin and his roomate are gay, and that he doesnt want to rent to a gay couple...

My cousin told the landlord he wasnt gay and that he'd just take his money back if it was going to be an issue. Well the landlord said "I guess if youre not gay, then I can rent the house to you two."

So once they return my cousin is almost in tears because hes so embarrased, he told me what happen and I told him to go shove the guy in the landlords ass and to get his money back, but my cousin really liked the house and decided to just ignore the stupidity...

My cousin was surpose to meet the landlord to sign the lease papers today, but the landlord said "uhm, there was somebody else looking at the house before you and I told them I'd give them until tomorrow at 5pm to make up there mind... Which is funny because he already took the $675 for MAY's rent (cousin has the reciept), and always worked out the plan for the rest of the money...

I told my cousin he should get a lawyer and see about suing the landlord for discrimination and for whatever else he could, and sue my grandma and cousin for slander. I called my grandma and asked her if she thought her behavior was that of a christian woman, which I guess she didnt like because she hung up on me... Of course she called everyone in my family and told them I was being mean to her.... :words

Is there any legal action that can be taken here?

Posted: Tue Apr 14, 2009 8:19 pm
by loudwagon15s
i have no idea about legal action, but suing a family member?.....

Posted: Tue Apr 14, 2009 8:49 pm
by Bwcad1
Lets put it this way. Cut your losses and get the hell out of the situation. Taking tis to court would be bad news.

Posted: Tue Apr 14, 2009 8:50 pm
by NorthQuad
I feel bad for your cuz.

Too bad he wouldn't just take his money back and leave. Then hope karma sends the landlord the worlds worst tenant.

Posted: Tue Apr 14, 2009 9:15 pm
by MobileAudio219
loudwagon15s wrote:i have no idea about legal action, but suing a family member?.....
If my cousin Kathy were a boy I would drive straight to her house and beat the living sh*t out of her.

She's the type of person who spends her last 5 bucks on cigarettes and then calls and begs for money to feed her kids. In all honesty the only cure for people like this is a shot gun blast to the back of the head, but until that becomes legal you have to do what you have to do. :tough

If nobody ever teaches her a lesson, the lesson will never be learned. I learned this much with my uncle.

Family is a term thats over used, shes related to me, but family she is not.

Posted: Tue Apr 14, 2009 10:26 pm
by MobileAudio219
I did some quick reading. Here's what I found.

It'd be hard to prove that the landlord discriminated against them because they're "gay." Even if they can prove it, there's a chance that his actions were not illegal.

If the landlord doesn't return their money they will have basically thrown 675.00 dollars down the gutter. Obviously if the landlord doesn't want them there he'll just file for 30 days eviction notice right off the bat, so they don't want to put in their 30 days notice at their current place otherwise they will be homeless in 30 days. If he doesn't return their money taking him to small claims court is about the only option.

As for the slander thing, even if he tried it'd mostly likely get thrown out, to hard to prove. That's ok, they basically bit the hand that feeds. They constantly borrow money from me and my family, I can ensure you that won't be happening anymore.

Posted: Wed Apr 15, 2009 3:11 am
by Ryan from Ohio
Just get the money and run. WHy live next to people talking shit about you (well your cousin)?

Posted: Wed Apr 15, 2009 5:55 am
by falkenbd
Your cousin either neeeds to do one of the following

1. come out of the closet, that way your family will maybe stop picking on him for it

2. sit down with your grandma and aunt and ask them to stop

- either way requires talking to the family members, hopefully preventing further strife

as far as the rent goes, the landlord already took a deposit. Your cousin made a mistake by not getting a signed lease along with that receipt. He sounds like a shady landlord. There was a verbal contract that the landlord has to uphold, if he told your cousin that the first payment secured the rental property. Verbal contracts (assuming there was a witness) are legally binding.

Posted: Wed Apr 15, 2009 6:28 am
by Jon
The way I see this whole thing is that he really has only one thing that needs resolve immediately and that is the landlord. It was obvious discrimination and would be grounds for a lawsuit, but it will be very hard to prove, will take many years, cost thousands in legal fees, and bring the allegations into the public. On top of that, you have to ask how much does he stand to gain from the suit and how likely is the landlord able to pay that sum?

As for the family, that is for him to decide his action there. I can honestly say that if that were my family making those claims against me, I would disown them and move on with my life without them. Life is way too short to deal with such negativity.