 Breach before I move out (by Tony [DE]) Dec 27, 2007 9:08 AM
 Breach before I move out (by Don I [PA]) Dec 27, 2007 9:18 AM
Breach before I move out (by sid [MO]) Dec 27, 2007 9:33 AM
Breach before I move out (by Josh [CA]) Dec 27, 2007 9:44 AM
Breach before I move out (by Josh [CA]) Dec 27, 2007 9:49 AM
Breach before I move out (by JJ [OR]) Dec 27, 2007 11:11 AM
Breach before I move out (by Carolyn [MO]) Dec 27, 2007 12:18 PM
Breach before I move out (by Tony [DE]) Dec 28, 2007 4:58 AM
Breach before I move out (by billy button [MA]) Dec 28, 2007 7:30 AM
Breach before I move out (by Tony [DE]) Posted on: Dec 27, 2007 9:08 AM
Message:
State Specific Question About: DELAWARE (DE)
In my renter lease contract it states if I do not give full occupancy within 30 days I may terminate the contract. Two weeks ago my tenants signed the lease and moved in however I have not moved out yet. Does allowing them to move in before I move out constitute granting full occupancy?
I plan to move out before the new year and January 1st their fist full month of rent is due and they are already giving me excuses why they will not have the full balance. I have a verbal agreement that I will pay the G&E and heat until I found a place to live which I now have however I have a strong feeling if I move out they will not pay the rent and damage my property. What are my options? --199.232.xx.xxx |
Breach before I move out (by Don I [PA]) Posted on: Dec 27, 2007 9:18 AM
Message:
NO.
Granting them occupancy means that they have the FULL USE of the premises. If they ALLOW you to store your stuff there, then that's one thing.
You should not sign a lease giving someone else rights to the place until you're ready to give them the rights to the place. --75.205.xxx.x |
Breach before I move out (by sid [MO]) Posted on: Dec 27, 2007 9:33 AM
Message:
Anyone else think this is a really weird scenario? You let them move in, but you're not moved out? Just how "not moved out" are you? Still sleeping there, eating meals there, etc?
I smell legal trouble, and I've got a stuffed up nose.
If they paid and have keys, prepare for a knock-down drag out! --204.80.xxx.xx |
Breach before I move out (by Josh [CA]) Posted on: Dec 27, 2007 9:44 AM
Message:
I smell that Tony maybe renting to friends or family. If that is the case don't do it. It rarely works out and unsually ends in a holocaust.
If these people are strangers. I have to ask what were you thinking, and agree with Sid.
They are saying that they cannot pay Jan rent? What no security deposit? You didn't get the first months rent either? Are you charging them for the current month that you are living in the property?
. --209.240.xxx.xxx |
Breach before I move out (by Josh [CA]) Posted on: Dec 27, 2007 9:49 AM
Message:
Does your lease language comply with your state laws? I doubt that would fly in CA.
I don't do leases though and I don't live in my rentals.
A lease is a contract that you and the tenant both signed and must honor your obligations.
If either do not then there are ramifications.
--209.240.xxx.xxx |
Breach before I move out (by JJ [OR]) Posted on: Dec 27, 2007 11:11 AM
Message:
Well, if your contract (lease) says that if you don't give full occupancy within 30 days you can terminate the agreement, it sounds to me like you can now terminate the agreement. Still living with them and/or storing stuff there is not giving them full occupancy.
But it seems like strange language, that if YOU don't fulfill your part of the bargain, you're then given the right to further not fulfill the lease at all.
You can't enforce lease language that has people sign away rights they have under your state's landlord/tenant law, so you may be in for a big fight, if they call your bluff and that clause isn't legal. I'd pay a lawyer to find out if that language is enforcable before I went much further.
If they don't pay the rent, NOW THAT'S something you can definitely terminate the lease for, and evict 'em if they don't move out after that. --198.107.xx.xxx |
Breach before I move out (by Carolyn [MO]) Posted on: Dec 27, 2007 12:18 PM
Message:
Explain the situation more, please. Maybe it isn't as weird as it sounds. --64.12.xxx.xxx |
Breach before I move out (by Tony [DE]) Posted on: Dec 28, 2007 4:58 AM
Message:
Ok, originally I wanted them to move in on the first of January when my new residence would be ready however they talked me into letting them move in two weeks sooner. Our agreement was they could move in early and I would pay the G&E and heat as long as I can live there until my new place was ready. No they are not friends and yes I did collect the one month security deposit and two weeks rent for December. And yes this by far is the worse decision I have ever made in my life. I am sensing here that I should probably proceed with my plan to move out on the 1st and take my chances with the legal system if or when they don’t pay me in full for the first full month rent and write this off as a lesson learned on how not to rent property. I do however have a very strong feeling from what I have witnessed in the past week if I do move out I will be in for even a longer fight and will not be able to protect my investment physically. --199.232.xx.xxx |
Breach before I move out (by billy button [MA]) Posted on: Dec 28, 2007 7:30 AM
Message:
how can u give them the keys to move in while u still live there?u did a credit check right??ive only had to evict a small number of people who pass the credit check-less than 10%.now if u didnt do a credit check it might get bad.if u said they can have the apt u should give it to them.if no rent u evict. --208.58.x.xx |
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