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GDH0034 · May 23, 2008, 04:11 PM

I signed a 12 month lease with a townhome community in South Carolina. I have about 4 months left on my lease but have been given another job opportunity in a different state. When I initially moved in one of the realty companies employees met me at the new townhome with the lease. The lease was already signed by the licensed realestate agent with an earlier date than when I moved in. I initially asked the company before coming here if they could waive my lease break penalties because I am going to be here on temporary status. They verbally agreed and I agreed on renting from this company. When the employee of the realty company and I were done checking the place for cleanliness I asked her to write in the contract that if I were to relocate because of job I would not be forced to pay any penalties. I then signed the contract and dated it on the day I moved in. Remember though that the Licensed Realtor previously had signed the contract and had dated it 4 days prior to my moving in. So now that I am ready to move I called the licensed realtor and she said that I am obligated to pay out the remainder of the lease because she signed the contract before that was written and that the employee that wrote that was not a licensed realtor. What do I do to get this dispute resolved or am I okay to vacate the premises? Also, One thing I forgot to leave out. I have several emails that I sent the company before I moved there asking I was okay for me to live there without any lease break penalties. I also have replies from them saying "yes it would be fine."

Fr_Chuck · May 23, 2008, 04:39 PM

You have your copy, and when you move, you sue them for the deposit and fight their counter suit when they sue you for the rent. Or you ask them to go to mediation over this.

froggy7 · May 23, 2008, 05:07 PM

You may have to argue this in court. Technically, the other side did not accept your change since they did not initial the new part, so they can hold you to the penalties. I'd go talk to them and see what you might be able to work out.

Fr_Chuck · May 23, 2008, 05:15 PM

This is the issue, do you have the "right" there is no "right" you have what should be proof of an agreement to move out. A contract agreement. But unless the other side agrees to it, they can sue, and you can sue. So the issue is, will you win, or will you spend more money in legal fees?

You do not have to be a "licensed" real estate agent to make rental agreements, but the issue is, from their side, the agent only signed to those agreements already written in, he never counter signed the changes, so he never agreed to the changes, in writing, the employee, did he initial or sign the changes? If not that will be their defense.

And to be honest it may even be up to what judge you get in court, a liberal or non liberal judge, one that goes with the home owner or one that goes with the renter. It should be more yes or no, but basically you will not know till you move and then you will not be local to go to court, so after you move, how easy will it be to come back for 4 or 5 or 6 court dates.

LisaB4657 · May 23, 2008, 05:34 PM

I think you have a pretty good case against them. When this goes to court you can argue that you had a reasonable belief that the person who made the change to the lease had the authority to do so. You relied on their apparent authority, since you had to have flexibility in the lease term and would not have rented if you didn't have that flexibility.

The lease is not null and void. There's definitely going to be a fight over the penalties and the deposit. But I think you have a decent shot at winning. If they attempt to use chuck's statement as a defense that the agent didn't agree to the change since the person who signed it didn't initial it, your response should be that you had no reason to think that there was only one person authorized to agree or not agree. If this was handled by a realtor on behalf of the landlord then you should be entitled to think that any person in the office of that realtor should have authority, not just one person.

LisaB4657 · May 24, 2008, 06:19 AM

GDH0034 agrees: I agree, but would it even go to court or will it just be a mark against my credit. How does it work?

It is my understanding that a landlord cannot report something to the credit bureaus unless they have first obtained a judgment against you, which would mean that they won a lawsuit. However I'm not sure about this and I may be wrong. You can try contacting one of the credit bureaus to see exactly what requirements they have for something to be reported.

excon · May 24, 2008, 06:44 AM

Hello G:

Some landlords will try to collect using a collection agency before they sue you. If that happens, the collection agency WILL put a negative mark on your credit.

If you think that's what they'll do, I'd write them a letter. (I would do it anyway, explaining what Lisa said in the hopes that they'll be reasonable, [snicker, snicker]... Well, you got to give it a shot.) Tell them that if they damage your credit you'll sue THEM. Send it certified, return receipt requested.

excon