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-   -   Breaking a lease prior to occupancy.lease already signed (https://www.askmehelpdesk.com/showthread.php?t=148904)

  • Nov 5, 2007, 04:41 PM
    annmarie311
    Breaking a lease prior to occupancy.lease already signed
    Help. My question is this... i signed a lease to rent a single family home... i gave a 200.00 deposit to hold it/toward security. I am unable to move into the home because i have to go out of state for a very ill family member (mother). ive tried to contact "LANDLORD" several times when i heard of my moms illness, i told her via text message that i wouldn't be able to move in because i wouldn't be working (out of state) i told her to keep the 200.00 for her troubles, but she wants to sue me! For a yr. lease... help:mad: what is my best coarse of action... she also said... oh, i had other people who wanted to rent it but you have a child... blah blah... so i gave it to you... i told her to call the other people then... uuuggg...
  • Nov 5, 2007, 06:47 PM
    annmarie311
    Worst case scenario.florida
    Ok, so i decide to not move into this rent that i spoke of in my previous post. Now, she takes me to court, i lose (sucks for me) and now she wants her money... it seems she has to go through a lot do obtain it.. like having county sherrifs bang on my door asking for assets that frankly... i don't have... kinda like getting blood from a stone i suppose? Anyone agree?? :confused:
  • Nov 5, 2007, 07:25 PM
    excon
    Hello ann:

    Do we agree to what? That it's hard to collect from a deadbeat? I'd agree to that.

    excon
  • Nov 6, 2007, 05:47 AM
    excon
    Hello Ann:

    You are responsible for the lease. However, the landlord is required to rent it as soon as she can to mitigate your damages. From what she says, she ought to be able to rent it within a month, so that should be the MOST you're going to be out.

    Watch her to make sure she DOES attempt to rent it.

    excon
  • Nov 6, 2007, 06:59 AM
    ScottGem
    How much time between when you were supposed to move in and you notified the landlord?

    Tell her to sue, I think she is bluffing.
  • Nov 6, 2007, 02:16 PM
    annmarie311
    Lease not yet begun, she won't "let me out" .
    As I stated earlier, I did sign the lease, seeing she won't "let me out of it" I realize she could attempt to collect the entire rent, in Florida, they don't need to attempt to re-rent (fyi) so she could potentially sit back and try to collect.. My question is this. If I tell her, OK, fine ill rent the house, and she hasn't even attempted to call me back after several attempts... what do I do if I cannot get into premises on the day the lease starts? It appears as though she is just ignoring all the calls, emails, etc. So, what do I do to obtain entry?
    Furthermore, I don't appreciate being called a "deadbeat"... especially when your claim to fame is "EXCON". I merely asked a question, the sarcasm is not necessary.:o
  • Nov 6, 2007, 02:25 PM
    annmarie311
    Bluffing or not? Florida
    Scott, I actually did call her bluff... so I guess we will see... :rolleyes: Not a whole lot I can do about it at this point, the house is only months away from foreclosure I'm sure of it... and I'm not going to rent it... shouldve went with my instincts, I had a bad vibe since the day I met with her.:mad:
  • Nov 6, 2007, 02:31 PM
    N0help4u
    I would turn the tables on her and go to the magistrate and file a complaint. That you have considered your options since she will not let you out of the lease but she will also not communicate with you so that you can tell her you decided to rent it after all. You want the keys 0R let you out of the lease.
  • Nov 6, 2007, 03:21 PM
    N0help4u
    Send her a certified letter in the meantime so you have some evidence you tried to work this out.
  • Nov 6, 2007, 04:33 PM
    excon
    Quote:

    Originally Posted by annmarie311
    HAVING COUNTY SHERRIFS BANG ON MY DOOR ASKING FOR ASSETS THAT FRANKLY...I DONT HAVE...KINDA LIKE GETTING BLOOD FROM A STONE I SUPPOSE?

    Hello again, ann:

    You can call a person who doesn't pay their bills anything you want. I call 'em deadbeats.

    excon
  • Nov 6, 2007, 08:13 PM
    annmarie311
    Are emails admissible in a court? Florida
    I have saved all the emails, correspondance with the prospective landlord, in one she stated, "i will come to your city on oct.19 to sign lease and collect the portion of the security deposit, in the event you cancel or dont move in you will lose this money" Im not sure if that would help me in anyway, but maybe.
    Oh well, wait and see I guess.
    PS. excon... who granted you the right to judge people and/or the circumstances they are in? Must have been all that religion b.s in jail... I don't know... lol... good thing what you "think" doesn't matter.
  • Nov 6, 2007, 08:21 PM
    shygrneyzs
    I have seen some Judges allow emails, as evidence. However, I have also seen emails manufactured to look like someone sent them and that also has been proven in court. Ask you attorney.
  • Nov 7, 2007, 04:45 AM
    excon
    Quote:

    Originally Posted by annmarie311
    excon....who granted you the right to judge people

    Hello again, ann:

    I'm not judging you. I couldn't care less if you're a deadbeat.

    excon
  • Nov 7, 2007, 07:50 AM
    ScottGem
    The e-mails must be fully intact with header information. Even then a judge may or may not accept them.

    Quote:

    Originally Posted by annmarie311
    PS. excon....who granted you the right to judge people and/or the circumstances they are in?

    You did! As soon as you posted a question on this site, you opened yourself up to judgement by ANYONE who wants to comment on your situation. As long as those comments don't violate the rules of this site.

    P.S. I've combined all your threads into this one. Please don't start additional threads on the same issue.

    In reviewing the whole thread, I'm confused. On 11/5 you joined the site and opened this thread. Two hours later you posted that she had taken you to court and you lost. That doesn't make any sense.

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