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    COH's Avatar
    COH Posts: 2, Reputation: 1
    New Member
     
    #1

    Aug 18, 2009, 04:18 AM
    Landlord voiding lease before I move in
    Hello,

    I signed a lease contract with the landlord after looking for a place for over a month and gave the new landlord the security deposit. I negotiated special terms with the landlord such as reduced rent; installing new kitchen cabinets, a dishwasher; and an early termination clause due to job loss. All this was included in the signed lease agreement.

    Three days later he sent me a notice voiding my lease because "after taking another look at the terms he wasn't sure he got the terms he was looking for". And told me that if I still wanted the apartment I would have to sign a new lease with different terms. I know he offered my apartment to a friend of mine even after I gave him the security deposit already.

    I don't think this is legal or that he has any right to do this, after all we both sat down and negotiated, we both agreed to these terms, he included them on the agreement and willingly signed the agreement.

    Even if he is obligated to keep this agreement I wouldn't like to move into the place now because I don't want to put up with management that can't keep their word. Am I entitled to any damages? - I lost over a month of looking for places and I gave up another apartment I was interested in - this other place is already rented so I have to start my search from zero. My current landlord -in case they allow me to stay on a month to month basis- will charge me a lot more for my monthly rent until I move out and I will probably be obligated to give some notice.

    I appreciate any help.
    COH's Avatar
    COH Posts: 2, Reputation: 1
    New Member
     
    #2

    Aug 18, 2009, 04:22 AM
    This situation takes place in Cleveland, Ohio
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Aug 18, 2009, 04:38 AM
    You are definitely entitled to be compensated for your damages. Since you had a signed lease the landlord was obligated to follow through. Once you find a new place, sue him for the difference in rent between what you would have paid and what you are being forced to pay for the new place. Also sue him for anything additional that your current landlord is charging you for the month-to-month lease.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Aug 18, 2009, 04:56 AM

    A lease is a contract. You both signed the lease and you have complied with its terms. The landlord may think he has a 3 day right of rescission, but that does not apply to rental leases unless its written into the lease.

    So, sue once you know what your damages are. But be prepared to have a hard time collecting. The fact that the landlord has real property that you know of does work in your favor.

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