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Fraudulent Landlord

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Scott Mayo

Junior Member
What is the name of your state? Colorado

I recently moved myself, my girlfriend and her two children into a house outside Montrose. I paid for the electricity upfront. The landowner stated that it would be around 75.00/mo. so I handed him $150.00 upfront to cover two months. He agreed to let us live here on a trial basis for two months without paying any rent or deposit on the condition that I work on his house to get it in a condition where he could rent it out. He stated that we could move into the other apartment next door when the house was ready to rent out...and that there was another apartment downstairs that would be available when that first apartment was ready to rent out.
The whole agreement was sealed with a handshake and no contract or writing. The only prof I have of this agreement was the witnesses including my girlfriend and the two people that introduced me to him. The people who introduced me to him are upstanding members of the christian community in Paonia and claim to have known him for over 30yrs.
After I spent 95 hours working on this house; Installing kitchen cabinets, stove/oven, bathroom plumbing for bathtub, toilet, sink, plumbing and cabinet for the kitchen sink, he started telling me that I have to find somewhere else to live. He said he no longer had any money to make improvements on the house and couldn't let us stay in any of the other apartments. I immediately stopped working on his house and began looking for work in the area. I found a job two weeks later and started going to work every day but every time I'd leave for work the landowner would come to the house and begin harrassing my girlfriend. He keeps getting in her face and screaming obscinities at her in front of the kids. He told us to be out of his house by this weekend which is a total of five weeks we've been living here. Two days ago, when he was screaming at my girlfriend to get out and go to a homeless shelter and harrassing her about where we will be going this weekend, she told him to talk to me about it because she stays at home with the kids and I handle our financial obligations. Instead of waiting for me to get home, he called the sheriff to the house and had him threaten us with a three day notice. The sheriff told my girlfriend that if we were still here on monday morning that he would arrest us for burglary and take our children to foster care.
We are moving into a hotel tonight and my question to you is: Isn't there some law that protects people from this kind of fraud? I plan to file a complaint with the building department because I know he hasn't pulled any permits for the new plumbing or electric panels he has installed nor for the change of supports in the basement or the digging of the basement. Can I also file a lien against the work I did when he defaulted on payment? Is it likely that I would win a civil suit for harassment if I have plenty of witnesses? Is there any way to recover any of the money for the electricity we paid in advance for?
 


ecmst12

Senior Member
He can't force you to leave without proper written notice. You can sue him for illegal eviction. You can't file any kind of lein for work performed because you did not have an agreement to be paid for the work.
 

Scott Mayo

Junior Member
thank you em.....he can't force me to leave without written notice? Can I be arrested for burglary? The sheriff said that if we're here on monday, we'll be arrested.....was the sheriff lying too?
 

FarmerJ

Senior Member
Likely the deputy has been lied to about the reasons you are there, Carefully review your states landlord tenant laws for notices to be given to tenants who are month to month renters , Print it up and have it available. If he returns insist this a landlord tenant dispute where proper notice to vacate has not been given and hand the deputy a printed copy of the law. If the deputy pushes any further and carries out the threat then make sure you speak to a atty.
 

MIRAKALES

Senior Member
The LL and tenant have a barter agreement for exchange of service for rent. It seems that the two people who introduced you to the LL did so in consideration of your circumstances and the LL’s needs. Initially, it appeared to be a good match -- two months free rent in exchange for kitchen and bathroom renovations. Unless Colorado is different from most states, building permits are not required for the kind of kitchen and bathroom renovations described -- filing a complaint will be of little to no consequence. Filing a claim for the services rendered will be countered by requesting compensation for the free rent. Somewhere, somehow the lines of communication got crossed with the “harassment” and sheriff warning. IMO, some major information is missing from the post (not relevant). Nevertheless, the LL does have the right to terminate your services for many reason (maybe not satisfied with level or quality of work).

From a legal standpoint, filing a complaint may garner a few more weeks of living without rent, but may come at the price of being confronted by the LL and the sheriff. Is it worth it? An eviction on your record, with no current address or former address, will make it more difficult to find a place to live. IMO, focus on the priorities to find a place to live and secure yourself, girlfriend and children. A place that you can afford with a WRITTEN lease agreement.
 

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