help

[julia79]

On Sep.1,2003, we, four foreign students, signed a lease for a year, $1500/month. However , for several reasons, we couldn't live there and hoped to move out. On Nov.1st, I informed him. On Nov.15th ,2003 we met the landlord and discussed about our situation. At that time he said he would discuss with your wife and give us the answer later. We had been waiting for his response but got nothing. On Nov. 19th,2003, one of our housemates called him to ask for his decision. He told us that "you can go whenever you want", and didn't mention any condition about compensation. In our understanding, it means that he were giving us the permission to leave. Based on routine, we left $ 1,500 in total as compensation.
Before December 1st, we still paid for a whole month on November. However, we found he had changed the lock without informing any of us and leading to that we couldn't enter the house to take our stuff. Under this condition, we think our right had been destroyed as lessees. To this understanding, we thought he had a new arrangement about the house. Our lease had been formally terminated.
However, on Feb.4,2004, we suddenly got his letter that requires us to pay for another 2000 dollars for unpaid rent and his loss since we moved out( On Jan. 24,2004 he rerent the house to others). Otherwise he will sue us to collect the money.
What should we do? We aren't familiar with the laws in U.S.. But when we came here, we are told we will loss the deposit if we breach the lease. Please tell us whether we should pay for the bill.

 

[Michael Wechsler]

Originally posted by julia79
On Sep.1,2003, we, four foreign students, signed a lease for a year, $1500/month. However , for several reasons, we couldn't live there and hoped to move out. On Nov.1st, I informed him. On Nov.15th ,2003 we met the landlord and discussed about our situation. At that time he said he would discuss with your wife and give us the answer later. We had been waiting for his response but got nothing. On Nov. 19th,2003, one of our housemates called him to ask for his decision. He told us that "you can go whenever you want", and didn't mention any condition about compensation. In our understanding, it means that he were giving us the permission to leave. Based on routine, we left $ 1,500 in total as compensation.
Before December 1st, we still paid for a whole month on November. However, we found he had changed the lock without informing any of us and leading to that we couldn't enter the house to take our stuff. Under this condition, we think our right had been destroyed as lessees. To this understanding, we thought he had a new arrangement about the house. Our lease had been formally terminated.
However, on Feb.4,2004, we suddenly got his letter that requires us to pay for another 2000 dollars for unpaid rent and his loss since we moved out( On Jan. 24,2004 he rerent the house to others). Otherwise he will sue us to collect the money.
What should we do? We aren't familiar with the laws in U.S.. But when we came here, we are told we will loss the deposit if we breach the lease. Please tell us whether we should pay for the bill.

What was the REAL conversation with the landlord? If it is as you say, then it appears that the landlord breached your lease since you were entitled to be there. I would think you would not be liable for any extra rent because even if you wanted to stay, the landlord had locked you out and thus wrongfully evicted you. If he sues you it is possible that you could countersue for damages and have his case dismissed. This is all assuming everything you say is the whole story although usually this is never the case and that is why there is little substitute for a good legal consultation with an attorney who knows what questions to ask.

Was the $1,500 left for the month of November? I'll assume it was. The landlord's changing the lock is key. You may want to send the landlord a letter, certified return receipt, stating that (1) he agreed to let you leave without penalty at the end of November (2) you were paid up for the entire month of November yet (3) he changed the locks on you and effectively locked you out of the residence while you still had the full right to use as yours without intervention from the landlord. The $2,000 he wishes to collect are nothing more than a sham and that the landlord is liable for breach of the lease.

You may also want to make a demand for the items that were locked inside the premises that you could not take. Don't say anything if all you had there was an old pair of sneakers -- but if there was something of value... what did you do... or didn't do?

 

[julia79]

Thank you very much!I also consulted a lawyer at our school. But she said the landlord has the right to change the lock to protect his property since he found we were moving out. I feel confused why we had't the right to enter the house since we had paid for it at that time. What is worst is landlord and we didn't signed any document when we moving out. We are really ignorant at the whole case... Due to all regulations showing tenants moving out early than lease expires should response for the rest cost, we feel it very hard to succeed in court. At first glance, it is. But we did have our reasons. Anyway, it is a great lesson I learn .Again, thank you for your suggestion!

 

[Michael Wechsler]

Re: Re: help

I'm not sure I understand the lawyer's rationale and perhaps you can explain more. How is the landlord's changing the lock protecting his property? He could not, in my opinion, change the lock on the apartment until your lease is up. Perhaps there is something he heard that we did not here. Good luck!

Originally posted by julia79
Thank you very much!I also consulted a lawyer at our school. But she said the landlord has the right to change the lock to protect his property since he found we were moving out. I feel confused why we had't the right to enter the house since we had paid for it at that time. What is worst is landlord and we didn't signed any document when we moving out. We are really ignorant at the whole case... Due to all regulations showing tenants moving out early than lease expires should response for the rest cost, we feel it very hard to succeed in court. At first glance, it is. But we did have our reasons. Anyway, it is a great lesson I learn .Again, thank you for your suggestion!

 

[julia79]

thanks

Originally posted by thelawprofessor
I'm not sure I understand the lawyer's rationale and perhaps you can explain more. How is the landlord's changing the lock protecting his property? He could not, in my opinion, change the lock on the apartment until your lease is up. Perhaps there is something he heard that we did not here. Good luck!

Hi, this thing has ended. I just want to talk about the experience and hope it some helpful for others. We consulted a lawyer eventually. He helped us draft a sue back to the landlord( at that time, the landlord had sued us at local small court), in which he caught a loophole in the lease and claimed the landlore should be responsible for it and compensate us three times amount that the landlord request for us. Naturally, the landlord compromised. The result is satisfactory while we were taking risk through the process. Attorney is the key. That's the most important tip.