Hello,
I signed a lease for a house through a property management company with the lease start date of August 15th. The owner of the property just emailed me and said that he is having issues with his property management company and cannot lease the house to me. I have given a deposit check which has been cashed and the 1st month's rent which has not been cashed. The check was written to the owner and the lease was signed by the property manager. I don't have time to look for another place as I'm traveling and was planning on moving in with the kids on August 15. What are my rights??

Thanks

Sounds like you have a valid lease that is enforceable. I would contact the landlord and explain to him, that you have a valid lease that was signed by his legal representative and your earnest money was accepted by him. Explain to him, that your personal circumstances do not give you the time find a replacement property and you have to vacate your current residence by 8/15.

However, you understand his situation so you are willing to offer a compromise. You will move in on 8/15, but only unpack the essentials. You will look for a new residence and move as soon as possible. You would, however, expect him to pay the second moving expenses, since he is reneging on a valid lease.

Get this writing.

If he refuses, tell, him you will have no recourse but to sue him for any costs you incur in living and storage costs because of his reneging on the lease.

Well, you have a contract to rent that house, so you have every right to move in as planned.

However... it's still pretty much up to him to let you, or not.

Has he given you any more specifics than "problems w/the management company"? And what's he saying about your money.

You would definitely have a case against the owner for breach of contract. One of the problems is you can't really sue him for what he says he's going to do (not let you move in). You have to wait until it happens and then file suit for the damages you incur as a result.

I'd contact him (either in writing, or follow up with a written account of any conversations) and let him know that you fully intend to move in on August 15, per your CONTRACT with him. If he prevents this from happening, tell him you will have no choice but to sue him for damages. If he would like to prevent this from happening you're willing to negotiate. You may be able to get him to buy you out of the contract. The amount you'd accept would be up to you.

I don't know of any way to force him to let you move in.

Thank you Scott and Rockinmommy. In terms of a legal case who is responsible?- is it the owner to whom I have written the checks or the property manager who signed the lease?

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Originally Posted by sheri_in_nash

Thank you Scott and Rockinmommy. In terms of a legal case who is responsible?- is it the owner to whom I have written the checks or the property manager who signed the lease?

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The owner, for sure. You may be able to "name" both of them and let it get sorted out in court.

What do they each say about WHY this is occurring?

The owner lives out of the country and I'm assuming he has the property manager deal with the lease. In his email this morning, the owner said that there is some dispute over a management fee and a furnace fee. He was very vague. The problem is between the owner and the propery manager and I'm stuck in the middle. I spoke to the property manager after receiving the email and he said he was unaware of the situation that he would contact the owner and get back to me.

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Originally Posted by sheri_in_nash

I spoke to the property manager after receiving the email and he said he was unaware of the situation that he would contact the owner and get back to me.

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Well, the property manager gets paid based on the rent they actually collect. So it's in his best interest to work this out and get you in there. I'd work with him to make that happen. Is it a real estate office? Does this manager work under someone else, or is it a one-man show?

It seems to me that he works solo. Iam hoping to work this out because I really don't have time to look for something else. I am out of town and will only be back with the kids August 13! If it doesn't come through - we will be living in a hotel until I find a place!

Hello sheri:

Be sure to let the owner that he's going to be responsible for paying for that hotel.

excon

Yes, you have what appears to be a valid rental, if they do not allow you to rent, you may sue them for breaking the lease,

Quote:

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Originally Posted by sheri_in_nash

Hello,
I signed a lease for a house through a property management company with the lease start date of August 15th. The owner of the property just emailed me and said that he is having issues with his property management company and cannot lease the house to me. I have given a deposit check which has been cashed and the 1st month's rent which has not been cashed. The check was written to the owner and the lease was signed by the property manager. I don't have time to look for another place as I'm traveling and was planning on moving in with the kids on August 15. What are my rights???

thanks

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Just curious how this all came out? It's always interesting to see what really winds up happening.