Lessee breached contract--refuses to give my car back

[ashcakedias]

Hello, this is happening in the state of Texas for anyone curious. The deal is I am leasing my 2nd vehicle to another party. We had a written contract between the two of us. He has only had the car for 4 months and has breached two terms of the contract. In the Termination section of our written agreement, there are two terms which he has broken which are as follows:

1.)" Lessee fails to make a payment by the date it is due"---(this was the payment for last month. He pretty much just dropped off the radar and refused to answer my calls or texts. The payment was a week late by the time I finally had to hunt him down(literally) and find the ******* and get the payment from him.)

2.) "No alterations are to be done to the vehicle without the lessor's prior written consent"---He apparently spent $1600 putting a new suspension on my vehicle. I was never notified that any work was done to my car and I definitely did not consent to anything. Period.

The contract then states that if the lessee breaks any of the terms in our agreement, I have the right to terminate the agreement, recover the vehicle and sue for damages.

I told him I wanted the car returned to me and he balked. He refuses to return the car unless I fork over the $1600 for the cost of the suspension(I have yet to even see any invoice for any work having been done... ). He said if I refuse to pay him that money that he will take legal action against me.

I have requested a sit down meeting with him and he has not responded for days. Plain and simple, I don't want to deal with this guy anymore and I just want my car back. What are my options? Does he really have any decent case against me?

 

[BL]

Hello, this is happening in the state of Texas for anyone curious. The deal is I am leasing my 2nd vehicle to another party. We had a written contract between the two of us. He has only had the car for 4 months and has breached two terms of the contract. In the Termination section of our written agreement, there are two terms which he has broken which are as follows:

1.)" Lessee fails to make a payment by the date it is due"---(this was the payment for last month. He pretty much just dropped off the radar and refused to answer my calls or texts. The payment was a week late by the time I finally had to hunt him down(literally) and find the ******* and get the payment from him.)

2.) "No alterations are to be done to the vehicle without the lessor's prior written consent"---He apparently spent $1600 putting a new suspension on my vehicle. I was never notified that any work was done to my car and I definitely did not consent to anything. Period.

The contract then states that if the lessee breaks any of the terms in our agreement, I have the right to terminate the agreement, recover the vehicle and sue for damages.

I told him I wanted the car returned to me and he balked. He refuses to return the car unless I fork over the $1600 for the cost of the suspension(I have yet to even see any invoice for any work having been done... ). He said if I refuse to pay him that money that he will take legal action against me.

I have requested a sit down meeting with him and he has not responded for days. Plain and simple, I don't want to deal with this guy anymore and I just want my car back. What are my options? Does he really have any decent case against me?

No, he chose to have the suspension fixed.For all you know he might have damged it to require repair.You're right too he hasn't even provided the invoice.

Now how long is the term of the lease?

Seems like he paid you although unwillingly .

 

[ashcakedias]

No, he chose to have the suspension fixed.For all you know he might have damged it to require repair.You're right too he hasn't even provided the invoice.

Now how long is the term of the lease?

Seems like he paid you although unwillingly .

For 63 months

 

[BL]

For 63 months

I don't see a breach at this point as you were paid.

The cost of the suspention is on the other party leasing it , provided there is nothing in the lease that you must pay for repairs.

 

[ashcakedias]

I don't see a breach at this point as you were paid.

The cost of the suspention is on the other party leasing it , provided there is nothing in the lease that you must pay for repairs.

The lease says he is to pay for all repairs while in his possession. Bottom line is I want out of the contract. In the 'Termination' section of our contract, it said I could choose to terminate the agreement should he violate any of the terms. He did and I just want to end the contract and get my car back. Don't I have a right to end it then?

 

[BL]

The lease says he is to pay for all repairs while in his possession. Bottom line is I want out of the contract. In the 'Termination' section of our contract, it said I could choose to terminate the agreement should he violate any of the terms. He did and I just want to end the contract and get my car back. Don't I have a right to end it then?

Violated it by paying late and you had to go after him?

Take your contract and consult an Attorney . See what the attorney's advice is ?

 

[Zigner]

By accepting payment (albeit, late), may have given up the right to cancel the contract (at this time.)

 

[ashcakedias]

Ok, and the part about altering my vehicle without permission? That part hasn't changed... and I'm definitely not thrilled about that. Or the fact that he has damaged the vehicle(3 months ago) and has yet to repair it. The contract holds him responsible for ALL repairs needed while in his possession. Another term of our agreement was that I was to be listed as an additional person on his insurance policy for the vehicle. I am NOT on his policy and Geico refuses to discuss any of the reports he has filed on the vehicle. I have asked to be added to the policy as well as copies of the reports made. He has made no move to correct this either. Overall, his attitude appears to be unprofessional and he does not appear to care that he has violated a few of our terms. Does this really count for NOTHING?

 

[BL]

Ok, and the part about altering my vehicle without permission? That part hasn't changed... and I'm definitely not thrilled about that. Or the fact that he has damaged the vehicle(3 months ago) and has yet to repair it. The contract holds him responsible for ALL repairs needed while in his possession. Another term of our agreement was that I was to be listed as an additional person on his insurance policy for the vehicle. I am NOT on his policy and Geico refuses to discuss any of the reports he has filed on the vehicle. I have asked to be added to the policy as well as copies of the reports made. He has made no move to correct this either. Overall, his attitude appears to be unprofessional and he does not appear to care that he has violated a few of our terms. Does this really count for NOTHING?

As I said consult an attorney for a small fee.

Some in the past that I've emailed responded for free .