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nickad1 · May 10, 2010, 01:20 PM

I leased a property six weeks ago. The lease agreement was for one year, I paid 1st and last months rent on the property. When the landlord showed the property she stated the tenants that were in the property had not exercised the their lease to own option or a additional lease. The landlord stated they would be out on the 15th of May and we would take possession of property on that day. She emailed me less than a week before we were to move in saying the prior tenants had decided to do the lease purchase.
I want to know if this would be a breach of contract and would my case stand up in court. I feel what she did was wrong, I don't see how it would be legal to sign a lease on the property with no intentions of following through with the lease.We now do not have a place to live and were moving from Oklahoma to Arkansas.
What liability would the landlord have breaking the lease?

JudyKayTee · May 10, 2010, 01:59 PM

You can only sue for financial loss - a contract issue does not lead to pain and suffering. Do I think you would win this case? Oh, yes, I sure do particularly when both of you signed a lease AND she collected your money.

AK lawyer · May 10, 2010, 03:09 PM

Originally Posted by nickad1

What liability would the landlord have breaking the lease?

I agree, liability seems clear.

The tricky question is the measure of damages.

If you find a roughly comparable place and lease it at a higher price, you would start with the difference in the rent. And because few places are exactly comparable, you would have to add to that ajustments for such things as longer commuting distance, amenities, square footage, age of the premises, etc. You probably would want to have a property appraiser as an expert witness.

Fr_Chuck · May 10, 2010, 04:00 PM

1 They may be liable for some temp living expense to give you a chance to rent someone else.
2. perhaps short term storage of your belongings
3. the difference in rent for a place that is similar

I would notify them of that fact and that they are in breach of your contract and that since they are not going to fulfill it, you will have to hold them liable for the costs of their choice

nickad1 · May 11, 2010, 06:04 AM

Originally Posted by JudyKayTee

You can only sue for financial loss - a contract issue does not lead to pain and suffering. Do I think you would win this case? Oh, yes, I sure do particularly when both of you signed a lease AND she collected your money.

Thank you so much! Im getting on the phone today to find a lawyer in my area.

nickad1 · May 11, 2010, 06:18 AM

Originally Posted by AK lawyer

I agree, liability seems clear.

The tricky question is the measure of damages.

If you find a roughly comparable place and lease it at a higher price, you would start with the difference in the rent. And because few places are exactly comparable, you would have to add to that adjustments for such things as longer commuting distance, amenities, square footage, age of the premises, etc. You probably would want to have a property appraiser as an expert witness.

Thank you for your answers!!
My biggest complaint is the time and money we have spent in getting ready to move. This home was a great deal to find a comparable home will cost significantly more at least an additional $600.00 per month. We also lost the other homes we really liked they are now leased. My wife is pregnant to add to the stress and we all know when the wife is not happy we are are miserable.