Landlord not honoring oral lease termination

[jwpage03]

I need some help. My wife and I had signed a 3 year lease on a house in August of 2003.

In early June 2004, I contacted my wife's and my landlord. My wife had the opportunity to return to school, but that meant we would be losing her income. We had contacted our landlord to discuss the possibliity of a temporary rent reduction, until my wife finished school in one year. Our landlord rejected this request.
On June 19, 2004, during a face-to-face meeting with our landlord, we explained our situation, and we would not be able to afford the rent for the property. We indicated we could purchase a home for about 1/2 our rent payment. As the discussions continued, the landlord stated that we needed to do what we needed to do and that the lease was for our benefit, not his. He asked that we give him ample notice so he could advertise and allow the house to be shown while we were still in residence. We agreed to both conditions. On July 12, I contacted the landlord and indicated we had purchased a house, would be closing on or about July 26, and planned to vacate on or before August 15. He had no objections. On July 14, he called and indicated that August 15 was not sufficeint time, since no advertisement could be put in the paper until later in July. We agreed to stay until August 31. The landlord also suggested I put in writing the condition of the lease termination. I obliged and mailed a letter (with delivery confirmation) on July 14.
On July 20, our mortgage broker contacted our landlord, indicating she needed proof of residency. Our landlord provided this documentation, calling us that evening expressing the fact. Again, no issues were raised concerning the lease.
We closed on July 26, and proceeded to move. We fully vacated the rental property on August 27, and sent another letter, again addressing the conditions of termination, and that we had vacated.
Yesterday, October 6, 2004, I received a certified letter from the landlord indicating that in fact he was not releaseing us from our lease until he had the house rented; that I currently owe $2000 for 2 months back rent, $75 in lawn mowing, $28+ for advertisement, and if he turns the electricity back on, I be responsible for the bill.
We had been honest with him, and had the impression we negotiated in good faith. We had met all the conditions presented during the June19 meeting. Since he has waited until now to indicate he isn't terminating the lease it appears that this delay was intentional. He is deliberately trying to cause us financial harm.
What can I do?

 

[Michael Wechsler]

This is a difficult situation both legally and financially.

Legally, the landlord does not have to let you out of the lease. By not obtaining a written release an oral "agreement" is, at least IMHO, virtually worthless. This is not a contract where there was an oral agreement for one party to provide money or consideration in return for someone else's promise, this was a plea to the landlord to allow you to leave the lease and buy a house. He did not have to release you and in a court of law he would likely say that such talk about a release came with certain conditions, whether you say this was said or not...

Let's look at this the way an arbitrator might who is trying to hear what has happened -- regardless of whether there is even any law that might protect you. Given the length of the lease, I would think that it meant that you thought you were getting a good deal at the time. The market takes a turn in your favor yet again and you want the landlord to let you out of a deal where he may be stuck without a tenant and at a lower rent rate. Why would the landlord do this?

There is an additional problem with logic. On one hand you are pleading poverty to the landlord that you cannot "afford" the rent but at the same time you are willing to take on a huge mortgage that would dwarf the monthly rent payment. Would this argument be convincing?

Again, even if there were a remedy under the law, perhaps the "detrimental reliance" common law theory that you relied upon the landlord's promise of a release, I cannot imagine that you would be released without some penalty from the lease. It would seem that you might be best served "buying out" the lease by coming to some type of agreement with your landlord. If your story is true then it seems your landlord would have been willing to release you from the lease a month early so that he could run advertising for a new tenant. I would offer to pay the extra month's rent in return for a written release from the lease and would consider myself fortunate.

I don't know the variables in your situation but that is what I am seeing. Good luck in your new home.

I need some help. My wife and I had signed a 3 year lease on a house in August of 2003.

In early June 2004, I contacted my wife's and my landlord. My wife had the opportunity to return to school, but that meant we would be losing her income. We had contacted our landlord to discuss the possibliity of a temporary rent reduction, until my wife finished school in one year. Our landlord rejected this request.
On June 19, 2004, during a face-to-face meeting with our landlord, we explained our situation, and we would not be able to afford the rent for the property. We indicated we could purchase a home for about 1/2 our rent payment. As the discussions continued, the landlord stated that we needed to do what we needed to do and that the lease was for our benefit, not his. He asked that we give him ample notice so he could advertise and allow the house to be shown while we were still in residence. We agreed to both conditions. On July 12, I contacted the landlord and indicated we had purchased a house, would be closing on or about July 26, and planned to vacate on or before August 15. He had no objections. On July 14, he called and indicated that August 15 was not sufficeint time, since no advertisement could be put in the paper until later in July. We agreed to stay until August 31. The landlord also suggested I put in writing the condition of the lease termination. I obliged and mailed a letter (with delivery confirmation) on July 14.
On July 20, our mortgage broker contacted our landlord, indicating she needed proof of residency. Our landlord provided this documentation, calling us that evening expressing the fact. Again, no issues were raised concerning the lease.
We closed on July 26, and proceeded to move. We fully vacated the rental property on August 27, and sent another letter, again addressing the conditions of termination, and that we had vacated.
Yesterday, October 6, 2004, I received a certified letter from the landlord indicating that in fact he was not releaseing us from our lease until he had the house rented; that I currently owe $2000 for 2 months back rent, $75 in lawn mowing, $28+ for advertisement, and if he turns the electricity back on, I be responsible for the bill.
We had been honest with him, and had the impression we negotiated in good faith. We had met all the conditions presented during the June19 meeting. Since he has waited until now to indicate he isn't terminating the lease it appears that this delay was intentional. He is deliberately trying to cause us financial harm.
What can I do?