Landlord suing for breach of contract

Discussion in 'Other Residential Landlord & Tenant Issues' started by michopie, Aug 18, 2009.

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  1. michopie

    michopie Law Topic Starter New Member

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    is there a place to find the provisions for breach of contract
     
    Last edited: Aug 19, 2009
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    You signed a lease for this rental unit. You would owe for the duration of the lease or until another tenant can be found to rent the place. And yes; your landlord has the right to expect rent from you even if you didn't move in.

    Why didn't you and your mother check out the laundry room prior to signing the contract?

    Seems to me the best solution to avoid losing this money is to move in you and you help your mother take the laundry out of the washer and place it in the dryer.

    Gail
     
  3. michopie

    michopie Law Topic Starter New Member

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    ok thank you again
     
    Last edited: Aug 19, 2009
  4. michopie

    michopie Law Topic Starter New Member

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    i really appreciate your response, i just need validation... if so can they really sue? and if we move in can she find a renter to rent the place so we can move out as soon as possible since it does not fit our needs for shelter? thank you ma'am
     
  5. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    The attached (under "leases") explains why a lease is a legal contract. Once signed, the tenant is responsible for the rent for the duration of the lease. Failure to pay rent would breach this contract.

    http://www.dca.ca.gov/publications/landlordbook/before-rent.shtml

    Some leases (especially those in large apartment complexes) allow a tenant to "buy out" of a lease; these charges are typically a few months rent as this would cover the time that a unit may stay empty until being able to be rerented. This avoids having to go to court by either party.

    In other situations, a landlord will allow a tenant to get out of a lease if they find a suitable renter to take their place. Check to see if your lease has this provision. Usually this person has to go through any screening process (i.e., credit check, criminal check, etc.) that you may have had to go through to be approved as a tenant.

    Gail
     
  6. michopie

    michopie Law Topic Starter New Member

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    reply

    alright thank you
     
    Last edited: Aug 19, 2009
  7. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    YOU need to be putting some effort into finding a tenant to take over the lease. Right now your landlord has two tenants; you guys. It is not up to her to find new tenants; it is up to you, although she has the final say so in determining whether they can take over your lease.

    Getting depressed isn't your landlords fault nor responsibility.

    Gail
     
  8. rtcochrane

    rtcochrane New Member

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    Your poor decision making would be the cause of your depression not the landlord.
     
  9. michopie

    michopie Law Topic Starter New Member

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    you dont think paying somebody who is threatening you all the time is not depressing?
    you think somebody who you were in good faith with who started giving you ultimatums and threatening to get all your money is not depressing? really?
     
  10. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    If you pay your rent on time and do not breach your lease, your landlord has no reason to threaten you with a lawsuit. Thus, following your logic, your life should be less depressing and everything should run smoothly regarding this rental.

    Gail
     
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