Situation: A married couple rented one of thier rental properties to a young lady. The young lady and the husband worked for the same employer. Over time the young lady and the man started getting attracted to each other. There was flirting at work but nothing never came out of it. The young lady decided that the flirting was enough so she wrote the man a letter, stating that the flirting was wrong and that she was starting to get sexually attracted to him so they needed to stop the flirting. The man took the letter home and the wife found the letter, also a letter that he was writing back to her. Now the wife is trying to evict the young lady. The wife says she will file a breach of contract and show the letters in court and that the young lady would have to pay her money. However the property is not registered with the city to qualify as a rental property. Does anyone have any advice on what could be done for the young lady and how the breach of contract would affect her?
2007-03-02 16:13:31 · 5 answers · asked by ksoul 1 in Politics & Government ➔ Law & Ethics
You need to be clear here. The contract here is with regards tenancy of the property. The feelings engendered between the husband and the young lady are separate issues altogether. Sorry, but the wife cannot evict the young lady based on the feelings
2007-03-02 16:29:45 · answer #1 · answered by counterculturalist 3 · 0⤊ 0⤋
Love letters do not breach a contract. Sure she's jealous and doesn't want this young lady around, but she needs a real reason to evict this girl. If this young lady has complied with the contract (paid her rent on time, not been loud, not destroyed the premises) then no court is going to allow this young lady to be evicted for breach of contract. If they file against this young lady, she should file a 12b6 motion for failure to state a claim upon which there can be recovery. The court will dismiss it immediately unless this girl truly has done something to breach the contract.
I don't know about the property issue... I don't think it would matter if this couple has a house and decided to rent it to someone... I think that's allowed. It would be an issue if they cut up the house and made separate apartments out of it... that would violate zoning. Perhaps even if the couple has not complied with property requirements, the court would allow the girl to finish her rent because of her reliance... it would depend on whether she had knowledge of what's required for renting and whether this property conformed or not... if she didn't know, she can probably stay.
I don't think the case would get that far. Unless a contract said "you cannot become interested in or write things to my husband," then those letters are no breach of the contract. She should, however, look through the contract to see if she has breached anything.
She should probably try to find a new apartment too because she wouldn't want to stay with these people after they tried to sue her.
2007-03-03 01:01:28 · answer #2 · answered by kmnmiamisax 7 · 0⤊ 0⤋
Well, first off.....let's use some common sense here......
Breach of contract doesn't apply. The lady in question hasn't broken any part of the rental contract. Having an affair, or even flirting, has never been any part of any rental contract that I've ever seen before.
Secondly, she can't even evict based on that letter(s). A person's personal feelings are inadmissable in a court of law, unless the proceedings are directly related to an action or inaction that it specifically pertains to. Rental would NOT fall under this catagory in any way.
Third, I would suggest that the lady in question contact an actual attorney for herself, rather than asking the idiots that usually answer on here (no offense intended, but let's face it......it's true).
2007-03-03 00:19:53 · answer #3 · answered by Critter Lady 4 · 0⤊ 0⤋
How did the lady who is getting booted Breach the Lease? If anything the young lady should let them go into eviction and claim harassment and sue the couple who are the landlords for moving costs.
I never understand why people put this sort of nonsense in writing. If she was uncomfortable why didn't she tell the guy?
2007-03-03 00:32:34 · answer #4 · answered by meathookcook 6 · 0⤊ 0⤋
Depends entirely upon the rental agreement. If it states "don't get horny with my husband" I guess a breach could be filed, but not won. If the contract includes wording regarding character, again, cannot win. Tell her to stop worrying and abide by the WRITTEN agreement.I wonder what the going rate in damages is for lewd thoughts? Ridiculous and frivilous.
2007-03-03 00:32:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋