Have a problem with landlord. Any legal help would be appreciated!?

Question

When first moved into apartment owners husband said it was ok if we broke our lease to buy a home. Now he states that since we are not purchasing one from his wife (a real estate agent) then he wants his money even though I have someone that wants to move in after I move out (with rent and deposit, plus my deposit will be left) The real question is can they use their power (being the landlord and a realtor) this way? Gave more than 30 days notice to and repainted the whole place and it's better than when we moved in.

Answer 1

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Answer 2

Hi, My name is Maryann Brickett. I just joined NHREIA and am a r.e. broker. My son is an attorney, and I was a paralegal for over 10 years. Naturally, I would advise you to consult with your attorney should they pursue you. However, several point taken from your comments come to mind. 1. Your lease (the contract) is what would be used in court (written). Verbal agreements are hard to prove and people lie. 2. You didn't say you had agreement to break lease to buy home from both husband and wife. 3. They can not force you to buy from them, even if you had a lease option. If you did, did the agreement say your deposit was non-refundable? 4. Any sublease should also be in writing from both landlords. 5. If you have not left yet, or someone else moved in, see if you can get them to agree to release you from your lease, agree (after credit check) to the new tenants, and to return your deposits. 6. Thirty days notice? What did your lease say? I would recommend that you (if you want your $ back and want to get out of your lease) to "ASK" them nicely what they would require to rectify the situation. Remember, the first one to speak has the most to lose. How much time left on your lease? Have you put a deposit on another house? I would need to know more about the situation before commenting further, but would be glad to help. If they insist on playing hard ball, you can always file a complaint with the Real Estate Commission in Concord. At the very least you can always mention it, and that might be enough to make them back down as it might result in a fine of thousands of dollars. If you'd like to speak, please feel free to call me. Maryann Brickett, Hampton, NH 603-929-4407

Answer 3

Sounds like you learned a hard lesson. The lease in this case is the binding document. Written contracts can typically only be amended by another written document. Verbal amendments to a written contract, like a lease, are not generally accepted in courts of law, with very few exceptions.
Hopefully you have taken pictures of before and after the residence looked so if a law suit is filed you will have a better chance of winning. Even when you and your landlord are on good terms you should always send correspondence to landlord via return mail and always take pictures, when moving in and moving out. Also, typically a landlord has approx 20 days, depending on the state in which you live, to send you a letter outlining how much of your deposit is being kept and why. hope this helps!

Answer 4

I bet that you didn't get that promise in writing, did you? But the lease, which IS in writing, will say you rented for the full term. If there's a conflict the landlord will probably say "I never said that", and that will be the end of the matter, since there's no dispute about what the written lease says.

You should check to see what the state and local landlord-tenant laws say about subleasing. Sometimes they give the tenant the right to sublease, provided the subtenant meets the usual qualifications. Your lease may also give you this right. But check.

Especially where real estate is concerned, GET IT IN WRITING.

Answer 5

Get in touch including your community council's inner maximum Tennant's branch and enable them to deal including your landlord! they're going to pop out and take photographs and make a document into the maintenance that are mandatory. they're going to then consult with you the superb way forward. they are in a position to serve a observe on the owner giving him a undeniable quantity of time to restoration issues up - and that they gained't enable a botch interest the two! Emergency jobs like this would desire to be carried out interior 40 8 hours. it is not proper to have uncooked sewage around in any respect yet on no account for some weeks! it fairly is possibly the council gets Environmental wellbeing in contact too. Ring them this afternoon and enable them to handle it - they have greater prepare. they are in a position to additionally look with the aid of your settlement for something that would desire to or should not be in there - they stumbled on mine wasn't properly fairly worth the paper it replaced into revealed on! they additionally will consult with you approximately your rights re: deposit scheme and what it skill for you in the journey that your landlord hasn't complied (he loses rights and you're in a miles better place). stable success

Answer 6

Yes, he can do that. While his statement to you was a legal binding part of your contract, it's up to you to prove that he said it. That's not going to happen, of course.

The REAL question here is "Why didn't you use his wife as your real estate agent, if you knew she was an agent?"

Answer 7

Whatever is contained in the four corners of your lease is what matters. He can promise things from now till next year and it makes no difference unless it's in writing. (You should watch more Judge Judy.)

-MM

Answer 8

Sounds like the guy is being greedy and I seriously doubt he would force you to keep paying rent there if there is another tenant paying him.

Answer 9

Most municipalities require a landlord to let you sub-let. Check it out.

Answer 10

Unless you have it signed by him and/or her, there's nothing you can do, and you'll have to take it to court.