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Landlord wants to take me to court over non payment and not moving in

Discussion in 'Commercial Landlord & Tenant Issues' started by dkrider471, Dec 11, 2014.

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  1. dkrider471

    dkrider471 Law Topic Starter New Member

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    So I was looking into a building and decided I was going to get it. I talked to the landlord and he said come on down and grab the key and cut me a check so I did even though my move in date wasn't for another 12 days. I post dated the check and gave it to them. Well when I went to move in there was no hot water, which they said they would fix, but did not for two weeks. In that time they cashed my check, but the bank denied it and for some odd reason flagged it as fraud. Anyhow I got the check all straightened out, but never issued them a new check because I decided if the hot water deal was the beginning of my problems then this probably isn't worth it and gave them back the key. So now they are taking me to court over it saying I owe them the money. Is that a breach of agreement just by there being no hot water alone?

    There is no contract or lease.
    I never actually even got into the building.
    Only Utilities I was paying for was electric.
     
  2. txls

    txls Well-Known Member

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    Their position is shaky with no contract or lease, but you do owe them for the two weeks that you stayed, hot water or not. Try to negotiate something for the time you were there and get a release and hopefully avoid the hassle and potential extra expense of going to court.
     
  3. Betty3

    Betty3 Super Moderator

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    Since you did live there for 2 weeks, agree that you do owe something for those 2 weeks. You don't want to be taken to court & the court could very well decide you owe something to the LL.
     
  4. Disabled Vet

    Disabled Vet Active Member

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    You own the full months rent...
     
  5. Betty3

    Betty3 Super Moderator

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    Since there was no contract or lease (or hot water), "possibly" the OP can get by with just paying the two weeks. OP can offer to pay 2 weeks & see if LL will accept.
     
  6. dkrider471

    dkrider471 Law Topic Starter New Member

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    Sorry I should of replied that this isn't a house it was a commercial office building.
     
  7. army judge

    army judge Super Moderator

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    If you used or occupied the space, the responses are similar.
     

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