Small claims— do I have a chance?

Question

A month ago, I had an agreement to rent the daylight basement of a man's house. Before I moved in, he wanted to replace the old carpets, so we agreed that I would move in at the end of the month. I gave him $1900 to hold the place. Meanwhile, he said I could store some of my things downstairs and come and go as needed.

Two weeks later, I was in his basement to drop something off and saw that one of my boxes had been pissed on by his dog and was smeared with dog c**p. Then a woman I'd never seen before (apparently his gf) wandered downstairs and demanded to know what I was doing there. He apparently never told her I was going to be renting.

At this point, I felt very uncomfortable with the situation (he still hadn't made any effort to put in the new carpets) and decided I would not be renting after all. We had a conversation, and he left me a voicemail agreeing to return the full $1900 to me, but he said he'd already spent all the money I'd given him and it would take him awhile to come up with it.

A week and a half later, I received a check for $1100 with a note that said "I am not a storage unit. I have subtracted the amount of one month's rent." Then when I went to try to deposit the check, it bounced.

I am taking him to small claims for the full amount of $1900, but my question is, do you think I have a good case here? We never signed any documents in the beginning, but the evidence I have is:

1) The check I gave him at the beginning, with "rent" written in the purpose line

2) The recorded voicemail in which he promises to return the full $1900 to me

3) The check he gave me that bounced

I'd really like to know if I have a good chance of winning here. I can't believe all the trouble this guy has caused me! Thanks for reading.

Answer 1

He'll probably get something for storage, but with a recorded voice mail and his bounced check, you have a good chance of at least getting the $1100.

Answer 2

Yes, you have a very strong case.  If you have any other expenses related to this transaction, include them in your complaint.  You may also want to contact your D.A.  He committed fraud against you, and is subject to criminal prosecution.

Good Luck - I hope both of you get what you deserve!

Answer 3

you never have more than a 50/50 chance of winning anytime you go into court

and even if you win, it may NOT be everything you ask for

and frequently judges urge compromise on the parties

and even if you win, he may bounce a check again, but you would have a judgment and could then execute it

you two had an oral agreement

he may indeed be entitled to something for you having your stuff in his basement, and you may be entitled to recover for damage to your belongings

IF/When you sue, include court costs, attorneys fees (if used) and any other costs you got due to this whole mess. . . .what you don't ask for in the complaint, you can't get. . .

. . . .and keep in mind that passing bad checks is a crime. . .

Answer 4

I think the recorded voicemail will seal the deal for you. Only thing is the court ruling for him to pay will not guarantee you he'd pay.

Give it a shot though, you've got a case!