Consumer Law, Warranties Rent to own contract breach

[clossono]

Hi

I recently made the decision of selling my home as a rent to own, I had a contract drawn up by my lawyer that outlined if the tenant breached the contract he would forfeit his down payment as well as any other money put down as a down payment.

The Tenant has only been in the home for a total of 5 months and is now breaking the contract due to someone breaking into the home and feeling that it was an unsafe environment.

After talking with the police to get some of the detail to a story that sounded a little fishy it turns out that it was his own step son that broke into the house and had keys for the house.

I guess what I am wondering is:

1. is he held liable for any damages?
2. How much money does he owe by breaking the term with 7 months remaining
3. Any other advice or insight.

I look forward to hearing your advice and thank you so much for your help.

 

[dee_dub]

What he's liable for and what he owes is all governed by your contract. The rent-to-owns I'm familiar with, any damage to the house from the break-in might come out of his damage deposit but more likely will be a cost that you eat. He doesn't "owe" anything for breaking the term, but he forfeits his down payment and "any other money put down as a down payment" (whatever that means).

 

[army judge]

You also have a right to pursue the unpaid rent.
If he has five months to go (for example), you can take him to court.
You can seek a judgment for the remaining five months.
But, you must also try to mitigate your damages.
If you get a tenant for three of the five months, you can only pursue damages for two of the five months.

 

[mightymoose]

1. The stepson who broke in is liable for the damages. If the stepson is a minor, then his parents are liable... which might well be himself.

2. How much money he might owe for breaking the contract really depends on what's in the contract.

3. Don't eat yellow snow.

How is he breaking the contract? Not paying rent? Moved out?

If he wants out, put the burden on him to find a new tenant that is willing to take over so that you aren't out anything.