help with rental agreement

younghoss
Wed, 09 Jul 2008 02:29:26 +0000

for the girls that are denied a key; I agree that doesn’t seem legal. True a tenant doesn’t have to live where he has agreed to lease, but I don’t see how it can be legal for a landlord to refuse admission to a tenant with a current lease in good standing even if the actual physical posession is earlier posession than he expected.
I had a tenant one time that I suspected rented from me a small unit as a “love nest” if i may use that term. He paid rent on time, was rarely there, made no noise problems or any other problems. I’m not the moral police and hated to lose him as a tenant. Our rent contract said he had to pay rent, and he did, he wasn’t required to live there.
I recommend 2 things. Since the girls claim to have a valid lease in good standing, send a certified letter to landlord demanding immediate access and keys to the unit. It’s my opinion as a landlord(not an attorney) that if he fails to comply then HE has broken the lease and the girls could cancel the contract(again, in writing) and demand the return of their security deposit. A judge might even order the return of some or all of the rent paid.
Document
Document
Document- before backing out of the lease. To merely back out now, then later request the return of money would appear to be only “buyers remorse” and would strain credibility without documentation.
Item 2 would be to have someone that is not a party to the contract secretly visit the residence to see if it is occupied. Document their findings.
That documentation might go a long way in court, or might be leverage against the landlord that could encourage him to settle quickly to avoid court.

Another possible quick way to get out is to offer landlord a compromise in writing- let him keep rent pd, and sec dep pd, in exchange for immediately releasing you from all future rents or monies due. Yes, that way you forfeit money paid, but if he accepts offer then all are released from future obligations and sometimes just to be free is worth it. No doubt that option is the hardest financially for the girls but the option exists and they might consider it justifiable. Let’s face it, if the girls just back out without thorough documentation, the landlord may sue the girls for breach and might win!

Remember too, that if a person considers settling out of court IMO don’t be firm on getting 100% of all you believe you are owed. Why? Because not having to miss work or school to file papers, pay filing fees up-front, and to appear in court, is worth something. Also, because in court you might win, but not get all you’re seeking. Avoiding a big hassle is worth something too.