We live at this apt complex that is unstable, and just bad. I told the landlady we were breaking our lease, to send us the amount owed by law for breaking the lease etc.
We went and found a house we liked on a lease option to buy. We signed the lease, gave him monies toward the deposit, etc. He cashed our check, and signed the lease. he didnt ask for references, past history, nothing. He called me a little awhile ago and said his girlfriend broke up with him, and now he has to live in the house. He cannot rent to us after all.
I got into an argument with the land lady where we now live, she called me Trash, and I cursed her out while in anger. We have 2 weeks to when we were supposed to move. Now we are pretty much screwed.
Is what he did legal? Can he do that? I mean, I am not going to pursue anything with him because we have no choice, but I am just wandering if this legal.
Thanks to everyone whom answers.
2007-03-20 11:18:14 · 7 answers · asked by michellelovelandprincess 1 in Business & Finance ➔ Renting & Real Estate
Yes, we have signed lease which was supposed to go into effect the 7th of April and end the 7th of April in 2008. Yesterday we made a agreement over the phone to move the move in date to the 31st of March, in 2 weeks.
We have not actually moved in yet. Is this still illegal? I have a 6 yr old child whom now has to have her heart broke because she got so excited over the house. I have already called schools to switch her to the new one, etc.
I have not yet accepted the depodit monies back. He said he wants to mail it.
This is just a pain.
2007-03-20 11:59:10 · update #1
No. The seller/lessor should be sued for specific performance of the lease/option agreement.
You should tell him gee whiz sure sorry, but we made moving plans based on that agreement and we intend to stick to it. By cashing the check, the contract is completed (offer, acceptance, consideration).
I would refuse to accept the cancellation and remind him that he is responsible for any of your consequential damages that arise from his failure to perform under the contract.
2007-03-20 11:31:31 · answer #1 · answered by gw_bushisamoron 4 · 1⤊ 1⤋
No, what the owner of the house did is not legal unless you have some weird kind of lease. Read the lease and you should find that it says you can live in the house from X date to Y date.
If he still owes you your money back or if you lose money because of this, you can take him to small claims court (depending on the amount of money) without paying for an attorney. Your signed copy of the lease will be defense enough. Look up Small Claims Court-Your City in Google.
There are some tenant protection laws that you might want to google online, too. Google Tenant laws-MyState
You should get every bit of your money back from him. If not, definitely take him to court.
Look for another lease option house if you get your money back in time. If not, you will need to rent until you get it back.
2007-03-20 11:29:12 · answer #2 · answered by Behaviorist 6 · 1⤊ 1⤋
You signed a lease that doesnt begin until April, so the lease is not in effect yet. Yes, he can return your deposit and decide not to rent to you. It is perfectly legal. His mailing your deposit creates a paper trail for him, so he is right in doing that.
Continue to look for another place. Since you already gave notice, then find an empty apt or house you can move into right away.
2007-03-21 05:18:52 · answer #3 · answered by kimmamarie 5 · 0⤊ 0⤋
you signed a legal lease with that guy. He needs to find another place to live. If you have moved in and changed addresses that guy will have a hard time moving you. I think you should tell the guy to honor his word and legal contact.
2007-03-20 11:23:28 · answer #4 · answered by ashlandtree 3 · 2⤊ 1⤋
It all depends on what is written on the lease that both of you signed, if it says nothing about him canceling then yes it is legal as long as he gives you your deposit back. I am sorry about your situation. I know how you feel. Good luck and I hope everything works out OK.
2007-03-20 11:26:55 · answer #5 · answered by Akbar B 6 · 1⤊ 2⤋
By signing the contract ( the guy who is moving back) he may be in violation of the law..It all depends what state you are in and the language in the contract..You really should ellicit the aid of a real estate attorney.....Good Luck, Hate to see you in a tent..
2007-03-20 11:31:29 · answer #6 · answered by buzzwaltz 4 · 1⤊ 1⤋
that is dirty as hell ... pursue your endeavor.. see about doing something about that. that's crap.there might be a grace period after the signing of the lease otherwise i can't see that being legal. then again i would'nt be surprise either though. call a lawyer 9 out of 10 times a lawyer will give you free advise.
2007-03-20 11:25:57 · answer #7 · answered by mlkirchgessner 5 · 2⤊ 1⤋