So explain to me how this is legal...you rent a house and come home one day to find a notice on your door stating the house will go up for auction on October 10th. You call the owner, he sounds surprised...really? You have 1 month left on your lease and he states he will "look" into the matter and call you back. You tell him you are going to start looking because the prospect of being homeless is not very appealing. He states he understands and agrees to refund your security deposit. Four days go by and no word. You panic and find a place. The following weekend on the 4th, you move. While moving the owners son comes to serve you eviction papers. Once again...really? He tells you he will prorate and refund the difference from your security deposit, you say fine. The owner then calls several days later and states...wait for it...that since you are leaving a month early you are in breach of your contract and he owes you nothing. He did not pay his mortgage for who knows how long, was going to have the house auctioned off (by the way he would never have told you if not for the notice on the door) and the law is on his side. I am so tired...doesn't anyone have honor any more? I wish I could do something...anything?
I posted this on facebook and received many responses. One of who stated that the owner had indeed voided the contract when he let the mortgage default. I have consulted a real estate attorney who recommended small claims court. He felt this would be the best course of action because anything more would result in a large sum of money for us. I cannot express to you how extremely frustrated we are. This man didn't just neglect to make payments and walk away; he took our money, did not make payments and then added insult to injury. Since my post, we found out that he was in default all the way back to December. He has known all this time and still took our money and did nothing. I am so tired of people performing less than human. Taking advantage of others with no accountability. I am reaching out to you, your colleagues, and your competition…anyone who will be willing to have the strength to see this man be made accountable. If we cannot afford the route of an attorney, then we will go by way of small claims court. But that is only financial restitution for us. It does not inform others, those possible victims that this man has knowingly been fraudulent in the past, present and possible future. We do not know if he owns other properties.
I offer anyone of you a challenge…do this story, get the facts and inform. Valley locals need to be reminded that this is still happening and we all need to say we've had enough. Something has to change and we posses the power to do so, with a little help from our friends.
The father and son property owners are: Harold and Jonathon Goldsmith
The property address is: 5374 Chela Dr. Las Vegas, Nevada 89120