Help with a SHADY landlord

Help with a SHADY landlord

Property Manager · Savannah, GA · Member since 2017 · 31 posts · 9 votes

Hi, all-- 

Before my fiancé, @Raymond Northcutt, and I had the notion to get into real estate, we were both renting. I was fortunate enough to have a landlord that gave me my entire deposit back on the spot-- no issues, no concerns, no headaches. 

Ray, however, was not so fortunate. He and his roommate were renting the top-half of a duplex before moving into the home he bought. Even when he was living there, it was frustratingly obvious what a poor landlord he had. There were a few incidences, one being his refusal to fix leaks in the sink, when they were locked out of the front door (outward-facing knob was not working) he was still non-responsive. It wasn't until it was brought to his attention that his tenants were scaling up to the second story balcony to get in that he showed up. 

The real trouble began when they moved out. They actually moved out a month or so earlier than their lease was up, and meticulously cleaned the place. Still, radio silence. They followed up with him after their lease officially ended, and were assured that they would get their security deposit back within the correct time period (in Georgia, it must be returned within one month of vacating). 

It has now been 90+ days since the termination of the lease. Any correspondence, we are assured the check is "in the mail" or, after disclosing that the military housing authority was now involved, that we would "have it today". We have this all in writing. A certified demand letter has already been paid for and sent. Still, no response. 

We very much suspect that this is this landlord's business model. Where we live is somewhat of a transient area (military, traveling nurses, and at least two colleges in the vicinity) and that he has been able to get away with this sort of behavior because no one has dogged him for the money he owes. We have spoken to Ray's former neighbors, the downstairs tenants, and they have not received their deposit after moving out, either. 

We are now looking to sue. Unfortunately, we need his personal address to do so. Obviously, his mailing address has been a PO box. We have not been able to get ahold of him...anyone have any advice, or experience, in this sort of situation? 

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Real Estate Investor · Austin, TX · Member since 2015 · 214 posts · 234 votes
8y

Keeping the deposit is probably a violation of the state's landlord tenant laws. Even in landlord-friendly state, the penalties can be severe.

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  • Royal Oak, MI · Member since 2015 · 257 posts · 230 votes
    8y

    You won't be footing the bill for a lawyer, so call one up and he will file suit, track down POS landlord, and then he will either pay or try to get out of it with the judge but you will win. I wouldn't worry.

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    8y

    The county property tax website should have owners name listed, I'd check there and with city rental licensing department could be another source.. for physical address..

  • Property Manager · Savannah, GA · Member since 2017 · 31 posts · 9 votes
    8y

    I agree, @Shaun C.! We just need help finding him. His listed address is a PO box and it's been very difficult to track him. No Facebook, no personal phone number, nothing. 

    Thank you @Deanna McCormick! I'm going to try looking into that, as well. 

  • Investor · Alpharetta, GA · Member since 2015 · 241 posts · 185 votes
    8y

    Magistrate court is for landlord/tenant disputes. I'm sure the judge will love haring about a landlord that doesn't fix issues, and keeps deposits. I've been to Magistrate court too many times in my "career". Never lost - ever. I follow the law. 

    There are a number of skip tracing programs that can find the landlord. The county tax record would be easiest. Take a trip to the county courthouse and look up where the tax bill is mailed for the property. If this doesn't work, try a simple Google search, Facebook, Linked In, etc on his full name and town - see if any luck. If not, try LexisNexis, Beenverified ( which I have a subscription to) or any of the other skip trace services. I can try and run a Beenverified trace on him if you want to private message me. If his name is somewhat unique, it will be easier to find him. This trace will also find any e-mails addresses, all phone numbers he used to have, previous locations he lived, etc. 

  • Real Estate Investor · Austin, TX · Member since 2015 · 214 posts · 234 votes
    8y

    Keeping the deposit is probably a violation of the state's landlord tenant laws. Even in landlord-friendly state, the penalties can be severe.

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    8y

    I know here if I don't provide a proper notice of claim against or deliver my deposit settlement within the allotted time (14-21 days), I forfeit the right to withhold any of it, no matter how possession was returned.  But I am in WA and landlords or anyone that achieved success on their own at all is 'the bad guy'.

    Moving a month before the lease ended may be a hiccup, but thankfully notice wasn't given at all within the 30 days. Your man should get his full deposit back plus costs.  Some states offer treble damages or at least double, but GA may be more business/landlord friendly than most.  

    In my county I can search owners by name.  Even if the county has a PO Box as tax address of record, the nicest house is usually the primary res @Kendall Vrana!

  • Property Manager · Savannah, GA · Member since 2017 · 31 posts · 9 votes
    8y

    @Nate R. -- oh, absolutely. We're at the point that we're going to nail this guy to the wall. It's become very apparent his business plan is stealing from tenants, and we've done everything to resolve this "peacefully". Tracking him is becoming the problem. 

    @Richard Balsam , we have tried LinkedIn, Facebook, reverse phone numbers...but we haven't tried Beenverified! I'm going to send you a PM, thank you very much for this offer! 

  • Property Manager · Savannah, GA · Member since 2017 · 31 posts · 9 votes
    8y

    @Steve Vaughan Yes, even though he moved out he was still paying full rent for that month he was not living there. We tried searching by name, and I think you're right in trying to request owner information of the PO box. This guy is clearly well-practiced in his "trade". Thank you for your help! 

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    8y
    Originally posted by @Kendall Vrana:

    @Steve Vaughan Yes, even though he moved out he was still paying full rent for that month he was not living there. We tried searching by name, and I think you're right in trying to request owner information of the PO box. This guy is clearly well-practiced in his "trade". Thank you for your help! 

     The post office won't help.  I've asked for the box # of someone I was trying to pay and they wouldn't even disclose that.  I had his name (of course) and details of the job and I even knew the small town postmaster.  Didn't matter.       

    I meant, to get a list from the county assessor website of all property this LL owns.  He most likely lives in the nicest house.  Good luck!

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    8y

    "We're" not going to go anywhere here.

    Since it appears you were not on the lease you play no legal card in this game.  You can support said boyfriend and his roommate should they end up finding the former landlords address where he can be served but you need to back off from any attempt to include yourself in the filing or speak up in court.  Judge often do not like that sort of thing as they've heard it all and seen it all and have little patience with folks who are not legally connected to the case.

    In addition, keep in mind that even if your boyfriend wins his judgment, it will still be up to him to collect these funds.  Sadly, the court will do nothing to help him in this matter.

    On the other hand, should he and his roommate find out the former landlords address where he can be served, it is relatively inexpensive to file for a civil lawsuit in Georgia.

    Good luck.

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    8y

    @Kendall Vrana how much money are we talking about?

  • Macon, GA · Member since 2015 · 6 posts · 2 votes
    8y

    Kendall, check magistrate court records.  This landlord has probably been there before either for an eviction or other.  I believe he would have been required to provide a physical address for the court.  So you may find his address there.  

    As previously mentioned, check tax records for his residence. 

    If he uses an LLC, Check the Secretary of State registration. There will be registered agent. If he uses an attorney as the registered agent, he will not appreciate the attorneys bill for you serving him with the court claim.

    He probably has not followed Georgia Security deposit law at all.   We know he has not provided a detailed list of charges within 3 days as required and we know that he has not returned the deposit within 30 days as required.  So, he probably didn't do a move-in (Ray would have signed it) or move-out inspection and he may not have kept the funds in an escrow account.  All that being said a judge will have not mercy on him.  GA law allows the judge to render a judgment of up to 3 times the security deposit being held.  

  • Property Manager · Savannah, GA · Member since 2017 · 31 posts · 9 votes
    8y

    @Gail K. , thank you, but I think you misunderstood me. Of course I have no actual legal part in my fiancé's case. I would never think of speaking in court or including myself in the filing. I can, however, help him look up the best way to go about this business. 

    @Dean Dummitt Correct! I'm not sure about the move-in inspection, but I know that there was no move-out inspection that Ray was present for. Plus, he told him the check would be in his possession several times. He seems a very unmotivated landlord. 

    GOOD news, however-- as of this morning, going 90+ days late, Ray received his security deposit back. Glad this was resolved, but we are pretty certain he has tried to play this same game with other tenants. Waiting to hear if the downstairs neighbors received theirs back today, too (unlikely). 

    Thank you all so much for all your advice! It is so encouraging to see a community of knowledgeable and helpful people come together to help those just starting out. We very much appreciate all your advice! 

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