Hey all! I need to make sure I'm in the right before I proceed because my situation looks like it might be approaching court.
Ok, back in May of this year, I found an apartment that I was interested in renting. It's in the basement of a family home and, though it's tiny (up to 200 square foot studio), utilities were included so I thought it was ok.
I made arrangements with the homeowner to come over and meet and talk more about it. I took two friends with me to check it out (to act as witnesses). As we sat and talked, the apartment sounded fine. The plan was for the current tenant of the apartment to immediately start looking for a new place, as he was trying to get out of the lease, and for me to move in no later than September 1st, as in next month. I told the homeowner that, if the tenant were looking for a place and absolutely couldn't find anything right away, I had somewhat of a safety net until December, so it would be ok to extend the deadline a few weeks. I just needed to be updated on the progress. I paid a hold deposit by check (which I have a copy of) in an amount nearing $1000. I did not, however, sign any type of lease.
So, I have since asked both of my witnesses to tell me what they heard me say and, without prompting, they both said I was VERY clear in stating that I wanted to be moved in by September 1st. And here's the problem.
I called the homeowner on June 14th to find out how the apartment search was going. At that time, she acted like I was insane and said that I told her I didn't need the apartment until December so she had decided not to tell the tenant to move until mid-August or later. I was like
. So, I corrected her and said I had very clearly stated that I wanted the apartment by September 1st. There was still time. So, she said that she would talk to the tenant and get back to me with an update.
At this point, I lost all faith, so I started looking for another place. I found a few leads (and my fiance's brothers are looking as well - thanks Ques!) but it's hard to find affordable housing around here. I'm still looking.
In the meantime, I never heard back from the homeowner, so I finally called her on August 7th but she wouldn't pick up. I ended up leaving a message saying that the whole thing sounded suspect and that I was now looking for a place closer to my work anyway. I want the money back by October 15th at the latest. (I didn't want her to be able to say that I had made an unreasonable request.) Then I figured she'd try to wriggle out of it saying she never got the message, so I sent a certified letter as a follow-up to the phone message stating the exact same information. I sent it on August 14 and received the confirmation receipt on August 15th WITH A SIGNATURE proving that the letter was delivered.
I STILL haven't heard anything back and now it's August 19th. So, my plan is to go about my business and, if I haven't received the money by October 15th, I'll take her to civil court.
So, I have two questions. First, is there any reason that I shouldn't get my money back? And, if so, second, is there any reason I would lose in civil court?
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