 Break the lease (by Linda [TX]) Jun 22, 2013 4:37 PM
 Break the lease (by Ken [NY]) Jun 22, 2013 6:09 PM
Break the lease (by Lois [CA]) Jun 22, 2013 6:44 PM
Break the lease (by BRAD 20,000 [IN]) Jun 23, 2013 4:07 AM
Break the lease (by Moshe [CA]) Jun 23, 2013 8:48 AM
Break the lease (by Dan [MA]) Jun 24, 2013 5:10 AM
Break the lease (by Linda [TX]) Posted on: Jun 22, 2013 4:37 PM
Message:
I'm posting this questions for a friend as she has never used this forum before.
She has rented her SFH to a woman back in early June. They signed the lease and the woman paid the deposit but the lease is not going to start until July. No rent has been collected yet.
During the month, she found the woman is very demanding and she really do not feel that she wants her to move-in any more. She wants to return the deposit to the woman and put the property back to the market but the woman threatened to sue. Can she break the lease before collecting any rent? Since the lease states the lease starts on July 1, I think she should be able to but want to run the idea here first to see what you all think. --71.240.xxx.xx |
Break the lease (by Ken [NY]) Posted on: Jun 22, 2013 6:09 PM
Message:
I would if someone was demanding and threatened to sue.If your friend rents to she will not be in charge,the tenant will.I would send her the money back and find another tenant.Let her sue --24.92.xx.xxx |
Break the lease (by Lois [CA]) Posted on: Jun 22, 2013 6:44 PM
Message:
Was there any wording in the Deposit agreement that would say the LL can return the deposit if she chooses not to rent to the applicant for any reason ?
Maybe look carefully at the info on the application to find something that didn't check out correctly, and disqualifies the applicant. Even tho the lease was signed, if she wasn't truthful on the app then LL could use that as a way out. --75.36.xxx.xx |
Break the lease (by BRAD 20,000 [IN]) Posted on: Jun 23, 2013 4:07 AM
Message:
Linda, A great example of why I don't sign the lease at all. I can say the office has not accepted it. I would simply return the deposit money and say CANCELLED.
The res MIGHT be able to pursue this but why? How far could it go. Most people who threaten to sue never do.
No possession was granted, not making her move OUT, and hard to prove the res was damaged in some way.
I WOULD be very careful about this turning into a discrimination suit -and really, what has been so demanding? Demanding what? A few too many phone calls?
This leans toward my recent post about WHAT IS TENANT DRAMA - many times it things the LL does not know how to handle or is not strong enough to say "I'm sorry, it's not our policy".
Maybe help yoru friend identify the real problem and help her set up some insulation - such as all calls go to voicemail. --67.175.xx.xxx |
Break the lease (by Moshe [CA]) Posted on: Jun 23, 2013 8:48 AM
Message:
Unfortunatly, Linda, your reasoning is out-of-line.
Your friend signed the lease, and the tenant paid the deposit. No matter that the tenancy was not to start until July, the deal was made. Unless the tenant defaults on some responsibility of hers, then the deal, made in good faith, is binding.
Now your friend decides that she doesn't like the tenant, and wants to back out of the deal. But she already made the deal, and a deal is a deal.
Yes, most people (especially simpletons) don't really go to court, and yes, if some falsehoods are found on the application, and yes, if the tenant defaults on any responsibilities under the lease, then there may be some basis for cancelling the lease. Other than that, if your friend wants to take back the deal which she made and which the tenant relied on, she may have to buy the lease back from the tenant.
--96.247.xx.xx |
Break the lease (by Dan [MA]) Posted on: Jun 24, 2013 5:10 AM
Message:
Sounds like your friend is obligated unless perhaps the apartment became unrentable. If something happened and the apartment was unlivable per health code standards then you might be able to cancel the agreement and return the deposit. Think creatively, but be aware that they still might sue you. --64.197.xx.xx |
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