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bikramaddict
mommy-to-be
Member since 8/06 4376 total posts
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Landlord dispute - wwyd?
When my buyer breached contract a few months ago I had to break my lease. LL said so long as a replacement tenant is found it is fine. One was found but did not want to pay what we paid so to get out asap we told the LL we would pay the difference. He agreed and wrote up a new lease. However, he would not release our security unless we signed something stating this is an assignment - meaning if the new guy doesntbpay we are responsible. This was not the original agreement. By legal defination it isnt an assignment either. We bickered back and forth and finally sent him certified mail stating that we now expect full return of our security or we will sue for damages including a refund for the parking space he could not deliver, some cleaning supplies he stole from us (about $50 worth), etc
Today he calls and says he will returning full security less te difference in rent that we agreed to pay. I guess he gr our letter! So do I just take that or put up a fifth for the damages? We are probably looking at a stroganoff possibility of getting an extra 750 out of him.
I am leaning towards leaving it be because we has been through the ringer and I just want to move on but part of me wants to do it for spite. This guy has been a real jerk, penny pinching, stealing and playing a bait and switch game. He doesn't deserve to get off so easy.
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Posted 7/13/11 5:01 PM  |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Landlord dispute - wwyd?
I'll be totally honest. If I was the landlord and you tried to bring this suit against me, i'd countersue for the full amount of the lease.
You broke the lease after all. He didn't do anything that violated the lease.
I would accept his terms of breaking the lease and be done with it.
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| Posted 7/13/11 5:18 PM |
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bikramaddict
mommy-to-be
Member since 8/06 4376 total posts
Name:
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Re: Landlord dispute - wwyd?
Posted by ave1024
I'll be totally honest. If I was the landlord and you tried to bring this suit against me, i'd countersue for the full amount of the lease.
You broke the lease after all. He didn't do anything that violated the lease.
I would accept his terms of breaking the lease and be done with it. [/QUOTE
I hear what you're saying but he has no grounds to get me for the full amount. I checked with my lawyer. Whether he wants to admit it or not NYS law states that once you have a new lease, the old one becomes void because you cannot have two valid contracts for one piece of property.
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| Posted 7/14/11 1:16 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Landlord dispute - wwyd?
Posted by bikramaddict
I hear what you're saying but he has no grounds to get me for the full amount. I checked with my lawyer. Whether he wants to admit it or not NYS law states that once you have a new lease, the old one becomes void because you cannot have two valid contracts for one piece of property.
He may be able to come after you for fees related to finding a new tenant. Advertising fees and such.
While you have lawyer representation, remember that he probably does as well (even if you don't think he does).
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| Posted 7/14/11 1:18 PM |
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Re: Landlord dispute - wwyd?
Regardless of the legal merit, I would let it go. As a former litigator, I know how lawsuits (or even threats of lawsuits) can spiral... even a small claims type of issue. Having your lawyer pursue this may cost you more than the $750, not to mention the time and aggravation. It's not worth it, imo.
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| Posted 7/14/11 2:27 PM |
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bikramaddict
mommy-to-be
Member since 8/06 4376 total posts
Name:
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Re: Landlord dispute - wwyd?
It would have cost us $20 in small claims court (no lawyers for cases under 5k) but we let it go. He backed down a little when he heard we were speakig with a lawyer and made the threat.
We honestly would have done it mostly for spite. He nickel and dimed, stole some of our belongings and pulled a bait and switch. He is really a scum bag. But hopefully thisshouls e over with next week!!!
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| Posted 7/14/11 6:45 PM |
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Mrs213
????????
Member since 2/09 18986 total posts
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Re: Landlord dispute - wwyd?
What means stroganoff possibility?
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| Posted 7/14/11 11:49 PM |
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