Breech of Contract

[Mare Pony]

What is the name of your state? WA

I leased an Equestrian Center and the owners added an agreement, which was dated and signed by both of them.

When we attended the preliminary trial, they stated that the agreement was to be completed by me. I had never signed the agreement to the contract, nor was I responsible for the work. Most of the work was of a permanent improvement to the property, and would never have been expected of a tenant. YET THE JUDGE WAS COMPLETELY SUPPORTIVE OF THEM.

We go for Trial on July 11th and with the Judge beleiving that I was the party in default of the agreement, and hense the contract; I am really confused as to how to proceed.

In actuality, they breeched their own agreement and have turned it around that I was in breech. This matter is in Small Claims.

Thank you, and I will provide any further information as is necessary. I have been trying to find other case files to use as support.

Mare Pony.

 

[djohnson]

I don't understand this 'agreement'. Did you or the owners contract this work to be done? What actually is the agreement and what does it state?

 

[Mare Pony]

Hi!

In order to sign the contract, the owners filled in an agreement stating all of the work that they covenanted to do within the first two weeks of my occupancy. They only did the items that were of a permanent improvement to the property, and neglected to do any of the work that enabled me to conduct business on the property. SO, I moved the horses out, and cancelled the contract. There was no clause for such, I just acted on breech of contract (agreement) as sufficient for me to cancel the contract. They are now suing me for cancelling. The new tenants that they secured after me, are now trying to get out, I am not aware of any of their terms or ????? I only know that they have been running ads to try and obtain new tenants.

Let me know what else I can provide you for my help.

Bye, Best, Mary.

 

[djohnson]

Ok the way I understand this is the done an attachment to the lease that said they would have xyz things done with in xyz time. There was no clause that said what you were to do if it was not done. You moved out and they are taking it to court.

Unless I am missing pertinent information here they have the right to sue you. There was nothing specific that was your response if they did not due xyz things. It doesn't mean you can take it upon yourself to interpret it the way you want. Also you don't mention sending them anything written given them warning or a specific amount of time to fix it as agreed before you took action. If you would have done this correctly then you may have had a case, as it stands you still owe them.

 

[Mare Pony]

You are correct. There was no mention of in case they did not do. Only, I could not conduct business with the property in the condition in which it existed, and therefore, they formed, dated, and signed the agreement. Of which I had no participation in except the "cohersion use of the agreement, was the direct cause of why I DID sign the contract." I had negotiated with them for two months, as I knew the property required more work than I could afford ($$) and in support labor. So.........I was out the income for Boarding, Coaching and Training.