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-   -   Just how liable are we? (https://www.askmehelpdesk.com/showthread.php?t=88483)

  • May 2, 2007, 11:15 AM
    ereiss66
    Just how liable are we?
    Back in October, we moved into a home that we thought we would be able to buy by April, but things of course, didn't work out. All we had with the owner was a purchase agreement contingent on the sale of the house in Baltimore and acquisition of adequate funds from the sale for a down payment.

    All that was added to the purchase contract was a handwritten sentence by the landlord stating that he would lease the house to us from Oct 15 through April 15 at a monthly rate of $1389.00 No Security deposit or pet deposit was requested or given.

    On March 3rd, we had a face to face with him, and I asked him if we could stay in the house until school was out for the kids (end of May) He said that was no problem, and took a full month's rent check for March and April. Right around March 20th though, he had his real estate agent send us a certified letter stating that we needed to vacate the property by April 16th due to his desire to get the house ready to be sold. I then put a stop payment on the April check and began to look for a new home for us. We were completely moved out by April 15th.

    I did not pay him the April 1/2 month's rent, largely due to not having the funds, being that the house we moved into required a full $2000 down and $700 for half a month's rent. He is now threatening to sue us for that money, plus a ridiculous amount of $2200.00 for supposed damages and labor. The house needed fresh paint when we moved in, and other that some easily patched or fixed wall dings, it was cleaner when we moved out then when we moved in.

    Given that there was no signed lease or security deposit requested, how liable are we for what he is trying to get from us?
  • May 2, 2007, 11:41 AM
    Emland
    I got lost somewhere. Did you say that you did not pay him for April 1 through 15?

    Did you take photos of the property before you left?
  • May 2, 2007, 01:53 PM
    Dr D
    There were errors by both of you in this matter. He was wrong in asking you to move in mid April, after accepting your check for the April rent. You were wrong in not paying for 1/2 of April rent by the time you moved out. I think that tempers on both ides have flared. I would send him a chck immediately for the 1/2 month rent, with a letter stating that you would like to meet him at the property to discuss his claim of damages. Try to bring all photos/supporting documentation as to the property condition at the time when you moved in. If the two of you cannot agree on a fair settlement, then he will just have to sue you, if he wishes. Then you will have to defend your position in small claims court. If you fail to pay, ASAP,the 1/2 month that you owe, I think it will weaken your case, should it go to court.

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