I have been trying to rent room in my house for 10 months now and due to the area i am located in i have had a hard time finding someone to live this far from Phoenix. Recently, I did have 3 serious inquiries for a happy change and one from a man who wanted to rent in the beginning of my search but took a job in California at the last minute. I turned away the other people as he and I agreed he would move in this time and definitely wanted the place, was familiar with me and it etc. So i told the 2 other potential renters it wasnt available.
He returned to the PhX area and contacted me wanting the room if i still had it seeing as how we had met before etc. He agreed to rent the room and moved in last Sunday with his clothes etc and we verbally went over the agreement/rules of the house etc. It was getting late and we decided to sign the lease and roommate agreement the next day when he returned from work. His family lives in Tucson so his belongings are minimal as he goes home each weekend to them. He did however move his belongings clothes, laptop, shaving kit into his room that night.
He wrote me a check for 1st month rent and sec. dep. 1/2 mo. rent amount for a total of 0. 0 rent, 0 sec. dep. I gave him the garage door opener and a key to the house.
My friend and Biz partner was here through all of this and that night we went to his home to work on biz and left Dan (roommate) to go to sleep. I didnt return home until 9am the next morning as my Biz partner lives 73 miles from me.
All of Dans belongings were still here as well as his rent check etc. and he was at work. I am disabled and often sickly and came down with a cold and was in my room waiting for him to get home that night to go over lease etc. My door was closed but i had no tv on etc. so its easy for me to hear anything in the rest of the house and finally when i never did hear Dan come home i walked out of my room and he had snuck into the house took his stuff, his check and my remote control and left without a word!!!
He then ignored a phone call from me and one from my Biz partner Ray who got along well with Dan the night before imploring him to explain whats happening, the problem, maybe we can work it out, asking for the remote back etc. He then ignored an email from me sent 4 hours after the phone call by then knowing he wouldnt come back and asked for the remote and for the one night rent or .00 compensation for both.
He returned the email almost a week later, in such a blatant callous disturbing way, that now the isnt good enough for me. This man has the nerve to tell me that is loose change and that i must have mental problems if i am sick so much etc. and that i should basically chalked it up to life and get over it. I am on a fixed income, disabled and about to lose my home. I forfeited 2 other potential renters i had been seeking for so very long for this man. I opened my home to him and trusted him. He stole the remote to my garage which IS ACCESS TO ME AND MY BELONGINGS and calls it a KEYFOB and worthless. Tries to justify his behavior on and on throughout this letter by blaming me for his own bad choices. Obviously something happened while he was at work. He may have gotten fired for all i know as this was his 4th job in 8 months so he wouldnt need to rent from me if he left this job as well. But whatever it was he visciously says that its MY PROBLEM that he did this and stole belongings and used me for a free nite etc.
And i wont be victimized by this Sociopath and he needs his wings clipped so as not to hurt others as well. Justice is not the same as revenge. And he cost thousands of dollars in lost rent, potential renters who were decent people and perhaps my home as i cannot make the mortgage payments now.
My Q is this: If he took possession of the key and remote to my home, verbally agreed to all on the unsigned lease/roommate agreement, moved his belongings into the room, slept in the room that one night and all in front of a witness, can i enforce the terms of the WRITTEN unsigned lease agreement in a court of law and get my first and last month rent and sec dep etc from this criminal? If yes should i do it in small claims court myself? I really needed that income and it blows my mind that he could use me to justify his lousy behavior and say "tough luck". is relative, to some its loose change, to others it can make the difference between life and death.
thank you for your help
leslie