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sher2765 · Dec 24, 2006, 06:13 AM

Hi,
I just signed a lease to move into a house in a couple months. After thinking about it I can not come up with all the money to rent this house. They sent over a led paint disclosure and I didn't sign it. I contacted the realtor and told her we could not afford it. She came back and told us the landlord is going to sue us for breach of contract. I did give them a 100 depoist. Can they sue me? I really need help here. This is my first time on this site and any help would be appreciated. Thank you

ScottGem · Dec 24, 2006, 06:19 AM

Generally you have a period to rescind, usually 3 days. How long between signing and when you informed the realtor?

If your move in date is not for a couple of months I doubt if the landlord would win in a suit, but your deposit would be forfeit.

sher2765 · Dec 24, 2006, 06:23 AM

Hi Scott, We signed the contract a couple weeks ago and were trying to come up with the money but couldn't. I would say about a week. I know I don't get the money back and that is fine. She told me they are sueing me for the first months rent and until they find someone to rent it.

excon · Dec 24, 2006, 06:26 AM

Hello sher:

Yup, they can sue you. Keep in mind, of course, that in this great country of ours, anybody can sue anybody. WINNING, however, is another matter.

However, your "new" landlord does have a case. YOU signed an agreement, and the other side has every right to hold you to it. Next time, do some addition BEFORE you sign! Ok, I'll get off your case.

But, your lack of foresight IS going to cost you some money. How much is the issue. Depending on what state we're talking about, the landlord is required by law to MITIGATE your losses. That means he has to TRY to rent the house as soon as he can. You didn't move in. Therefore, at this point, his losses are NON EXISTENT. The house is going to be available to other people in the same condition as it was going to be for you. IF he can't rent it AFTER your move in date, THEN, and only then, will he suffer damages. If he obeys the law, he SHOULDN'T have ANY damages.

I would write him a letter, sent certified, return receipt requested, with a copy to the realtor, telling them exactly what I just told you.

excon

ScottGem · Dec 24, 2006, 06:31 AM

Generally the right of recision is only 3 days. So it sounds like you were past that. See excon's answer. The LL cannot enter a suit until after your move in date since no loss would have been suffered until then. If the LL hasn't made a good faith effort to rent the property before your move in date then they may not win.

sher2765 · Dec 24, 2006, 06:32 AM

Thanks for your help. I am in good ole NJ. Well if he does sue I have nothing for them to take. I wish I did do my addition. They have a month and a half to rent this place. But how do you know they will do that?

excon · Dec 24, 2006, 06:36 AM

Hello again, sher:

How did you find it? Keep checking on THAT method. But, if you wind up in court, HE'S the one who will have to prove that he made an attempt to rent it.

excon

sher2765 · Dec 24, 2006, 06:37 AM

I found it on Realtor.com. I will keep checking to see if they posted it again. Thanks everyone for all your help. Like I said I have nothing for them to take me for. Thank you