Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Should I Negotiate Breaking a Lease (https://www.askmehelpdesk.com/showthread.php?t=388149)

  • Aug 18, 2009, 11:59 AM
    OKLandLord12
    Should I Negotiate Breaking a Lease
    I have a rental house in Oklahoma, but live in another state. I have managed the house for 10 years myself after a bad experience with a rental management company the first two years after relocating.

    Back in June I rented my house to a couple after the husband volunteered to do much needed repairs around the house, painting walls and ceiling, and removing and refinishing baseboard free of charge if I agreed to put all new flooring through out the home and cut back the cost of the rent and deposits. I even went beyond that and keep the utilites in my name for that entire month to further cover his labor. At first I told him I would reimburse him for all materials until I received a list of repairs and got a feeling this guy could go overboard. So I put a $200 dollar a month limit for materials for him to spend each month for first 3 months of lease. I have all this documented in the signed lease and documented phone conversation via emails for clarifications.

    In the beginning I only dealt with the husband. He informed me his wife is Italian and has a hard time understanding contracts. We had multiple conversations when I'd remind him of the budget and he stated he would cover any amount over the budget because items he was purchasing his wife wanted.

    After getting the lease signed and reminding the renter of the July rent it was sent to me 10 days late. After numerous calls and speaking to the wife briefly about the late fee would apply and when rent is due she has demanded full reimbursement for everything. I've made every effort to get all material clarified with no reply. I've tried to explain to the wife a budget was put in place and all labor agreements is documented and was done between me and her husband. Now she is threating to take me to court and continues to send me items wrong with the house which she claims are safety hazards when they are not.

    I don't trust this couple to communicate to me honestly any longer. Can I use the baseboard work which has not been complete as a reason for breaking the lease?
  • Aug 18, 2009, 12:25 PM
    N0help4u

    You have to give them a 30 day written eviction notice. I am not sure you have to provide a reason or not.
    Then when the 30 days are up you have to file for a court eviction if they haven't left.

    If they take you to court they have to prove what the money was spent on and the safety hazards.

    If there were safety hazards why weren't those the first thing they used your money on repairing?

    Give them a 30 day notice and let them take you to court. Just because they sue doesn't mean they win.
  • Aug 20, 2009, 07:20 AM
    excon
    Quote:

    Originally Posted by OKLandLord12 View Post
    Can I use the baseboard work which has not been complete as a reason for breaking the lease?

    Hello OK:

    You're agreement is soooooo far into the toilet, that looking for a "reason" to break the lease NOW is pointless. The lease, if there really IS one, was breached LOOOOONG ago. It might even be YOU who breached it when you gave him a budget AFTER the fact...

    If it were me, I'd take a trip to see if this relationship can't be saved... I'd also want to SEE my house... If it can't be repaired, evict them and let the judge sort it out... But, you're going to have to BE THERE.

    excon

  • All times are GMT -7. The time now is 01:44 PM.