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So my boss told me about two months ago that if business didn't pick up that due to the economy they were going to shut down this satellite office I'm working at.
I told my landlord about a month ago that the job outlook isn't looking so good and I'll probably have to break the lease sometime soon, so lets put the place back on the market. That way we could find someone to takeover the lease and I'd just stay at a hotel till the downsizing eventually made it my way
Anyways the downsizing eventually made it my way so now I have to move to a different office. I have 6 months left on my lease.
I have found some potential renters but he's found something wrong with everyone of them. Either he didn't like their references or he admitly told me no cause he didn't like their ethnicity.
So I've tried. I've had ppl with jobs come look at the place and he keeps being a stickler & racist. I told him that I can not afford future months rent due to finances but mainly its the fact I gave him time plus potential replacements.
Question is: Can he come after me for this and would he have a case? If I recorded a conversation of why he didn't choose a replacement and have him on tape saying something racist is that permissible in court? He doesn't have my future address and all he has is my name & number plus maybe whatever info he can get from the checks I write to him. My plan is to write him a letter next month after the place has sit empty for a month and tell him that I will no longer be paying the rent due to the reasons I listed above, plus the fact I called him 4 times during the summer to fix the AC which was completely broken yet it took him 2 months to fix.
Remind me about this I have a lawyer in the family or get a hold of bluz I think he was a lawyer
Gold medals aren't really made of gold. They're made of sweat, determination, and a hard-to-find alloy called guts.
You and he signed the lease. He doesnt have to allow anyone else sublease, its his choice. He can come at you in court for the rest of the lease money and he will win due to the paperwork. Sounds like hes not gonna let it slide. He will probably struggle to send you a certified letter via paper mail but in todays age he will find your future address eventually. If you go to court and lose it will effect your credit.
Only option you have imo is to wear your 'Bama' hat to court. It will help you fail whats called the "cognitive" test. Some states use what's called the "affective" test: a contract can be voided if one party is unable to act in a reasonable manner and the other party has reason to know of the condition. And some states use a third measure, called the "motivational" test. Courts in these states measure capacity by the person's ability to judge whether or not to enter into the agreement.
Certain people lack the legal ability to enter into a binding contract.
What did you ask us for when you have a lawyer in your family Fu?
This post was edited by HawkiBrad55 17 months ago
Brad, KFstar thinks he's a lawyer since he has had enough run-ins with the law. He didn't have a clue on lease law till he googled it and found a Wikipedia reference.
I'm hoping Bluz finds this thread. Isn't Der or some other poster taking contract law classes? I'm hoping I have a case.
Dude you cant break leases without punishment unless they let it slide. I've rented enough to know. Plus my friend Charlie is a lawyer, he will out-lawyer anybody.
A re-cut off the hit FX show, It's Always Sunny in Philadelphia. Charlie Kelly stars as he tries to solve Mac's murder case.
I dont know whatever I say would be a guess. i know there are ways to get out of it, I am just not sure how.
Mostly dabbles in bird law though
DISCLAIMER: This is NOT legal advice. The law according to leaseholds is state-specific, but I can give you a sense of a couple of things:
1) Generally, you cannot tape a conversation for later use without the other party's permission; but
2) There is a general legal principle that operates here: he does have a duty to mitigate his damages. In other words, he can't just deny qualified renters and hold you up for the rest of the lease. You only owe for the reasonable time that it took him to lease the place to somebody else, which in this case is nothing since he apparently is turning down qualified renters. Basically, we are talking about a contract here, which you are breaking. Contract law is never punitive, a court will only assess reasonable damages for the breach.
Now, not being licensed or having ever practiced there, I can tell you how these things generally work. I handled a few of these low-dollar landlord-tenant things in St. Louis for the Legal Services of Eastern Missouri (our firm had the junior associates "volunteer" for pro bono stuff). I assume that any action to hold you liable for the remainder of the lease would have to be filed in small claims court and you would have the opportunity to fight it. Judges in these courts are very results-oriented and look for fairness. Keep detailed records of these prospective renters and then you can discuss the situation with the judge. This is just an educated guess, but I can certainly see one of those judges making you forfeit your deposit and maybe pay one additional month of rent, but tell the landlord that he had enough opportunity to lease the place and can't just collect the balance due on the lease.
Again, not legal advice, but just an educated guess based on how these things generally work elsewhere.
This post was edited by Bluzmn59 17 months ago
Life is hard. It's really hard if you're stupid.
Our boy is wicked smart.
The funny thing is the landlord didn't do a credit check or reference call for me but he's being a straight dick for whoever takes over.
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