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landlord breaks lease Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by berzerker, Dec 15, 2003.

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  1. berzerker

    berzerker Law Topic Starter New Member

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    ok. on august first i signed a year lease for this house out in the country, it is me, my girlfriend and our two dogs. My landlord has a barn on the property where she keeps two horses and a agoat. After moving in it was apparent that she was not going to give me quiet enjoyment of my property. She shows up to feed her horses and yells about how my dogs are going to bite her and then she knocks on the door to nag about the lawn(which was always mowed as per the lease), or ask for the rent two or even three days early, or tell us are pipes are gonna freeze....and so on and so on. yesterday 12/12/03 she called and said that she broke up with her girlfriend and wants to move into this house so we have to move out.

    she hasn't given me a deadline yet and i think i should hire a lawyer, if i can afford it. the only problems that we have given her is that we bounced a check once and rectified the situation immediatly and have paid in cash ever since. i'm pretty sure she is a bit crazy andf i am afraid she is going to say i never paid her.

    i don't have any reciepts and i have not documented her un announced visits.\

    what should i do? What do i deserve to walk away with after all this mess?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If you signed a lease, the landlord will likely have a problem with moving back on the property. If you paid in cash, think of the way you might be able to prove it, e.g. withdrawals from your bank account.

    Here is a good idea that I might do if I were in your situation. I would write a letter and send it certified return receipt, stating that you received a call from her on X date and she mentioned something about having to move back onto the property. Then state that you did sign a lease and have been paying rent every month, including the rent payment in cash made on X date. Now you've documented that rent was paid. State that while you are sympathetic that she is having issues with her girlfriend, you did sign a year lease and should obviously not be expected to move. You might want to state that you have been more than sympathetic with regard to her visits you say she makes which is in violation of the lease but that you need her to understand that you need to have the respect of the agreement that the two of you made and hope she can appreciate your perspective.

    The landlord would need to evict you from the premises and if this nonsense continues, you may think about abating the rent and sending her letters documenting why you anticipate doing so. The landlord will then be in a bind, IMHO, trying to walk into court while stepping all over the lease and you'll have your documented proof and she'll have excuses... what do you think?
     

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