• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Signed Lease, Key, Utilities in my name and problem current tenant won't leave cont.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
S

sjpmom

Junior Member
What is the name of your state? Colorado

I don't know what happened to my original thread but it has been locked. I did not mean to cause a problem. I am just looking for some direction before spending money I don’t have for a lawyer. Which leads me to another question; do all lawyers give free consultations?

Okay, since I went to the trouble to get the PDF of the lease converted so I can paste pieces here. I started this new thread. I hope that this is authorized!

Here goes, I believe it was John that asked about the actual lease. I have copied and pasted the only sections that I can see that would relate to my situation below:

7.1 Possession and Surrender

Tenant shall be entitled to possession of the Premises on the first day of the Lease Term, and Tenant shall not be obliged to accept possession of the Premises prior to the first day of the Lease Term. At the expiration of the Lease Term, Tenant shall peaceably surrender the Premises to Landlord or Landlord's agent in good condition, as it was at the commencement of the Lease, subject to ordinary wear and tear.

15.8 Legal Fees

In the event of any legal action by the parties arising out of this Lease, the losing party shall pay the prevailing party'es reasonable attorneys fees and costs in addition, to all other awarded relief.

As for the links provided by Alaska, both cases speak to "NON-DELIVERY OF POSSESSION, however, there isn’t anything in my lease referencing the non-delivery by the owner.

Last but not least, I now have information that the owner just started the eviction proceedings against the current tenant on Wednesday June 11th. The owner emailed me the signed lease on the 12th of June, which also was the day after the owner served the tenant. It also represents the first day of 3 days in which she had to respond to the notice or leave. If the last day is a Saturday or Sunday, as in this case, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. Meaning that she had until Monday June 16th to respond to the notice! There is no way he should have signed the lease entitling me to possession of the property effective June 14th!

Bottom line is if the owner was upfront with me and communicate that he had to change the date to say June 21th, I would have declined and would not be in the mess I am in now.

After reading all your responses in the other thread I now realize how very naive I was.

I still don't know if I have grounds to recover my expenses incurred on Saturday (storage fees and movers) because I could not get into the house I rented from the owner. However, I do feel better having posted my situation here. You have forced me to document the events that took place and look at them from a different angle. Thank you for t giving me a first class education on the pitfalls of renting
 
Last edited:


J

johnd

Member
sjpmom: Shay-Pari'e first post might have some value.

I don't see the point in quoting a redundant statute: of course you're entitled to possession...your contract so stipulates. That's not debatable. The statute (and I believe all US statutes) is silent the LL's responsibility when possession is not delivered...particularly when that failure is the [existing] tenant's fault, and not that of the LL's. It's really rather simple: I don't believe you have a case, and the statute you cited does not back up your claim. Of course you were wronged by non-delivery: that does not automatically make it the LL's fault.

Others here have advised you to get an attorney. As far as free advice from an attorney: that's worth as much as you've paid for it. Hire an attorney, and if you pursue the matter, please post the results. I don't see you winning the claim against the LL barring neglect or collusion. Good luck.
 
Zigner

Zigner

Senior Member, Non-Attorney
johnd said:
sjpmom: Shay-Pari'e first post might have some value.

I don't see the point in quoting a redundant statute: of course you're entitled to possession...your contract so stipulates. That's not debatable. The statute (and I believe all US statutes) is silent the LL's responsibility when possession is not delivered...particularly when that failure is the [existing] tenant's fault, and not that of the LL's. It's really rather simple: I don't believe you have a case, and the statute you cited does not back up your claim. Of course you were wronged by non-delivery: that does not automatically make it the LL's fault.

Others here have advised you to get an attorney. As far as free advice from an attorney: that's worth as much as you've paid for it. Hire an attorney, and if you pursue the matter, please post the results. I don't see you winning the claim against the LL barring neglect or collusion. Good luck.
Click to expand...
And, as was posted in your prior thread, johnd is painfully ignorant. Yes, seek a consultation. However, take john's hopelessly incorrect advice with a grain of salt.
 
A

Alaska landlord

Senior Member
See Page 99 of the first link I provided on a book written for landlords in Illinois.

Though it is not written for your state it does provide useful information on what to look for while trying to find a reason as to why you lost in court. ;)
 
Zigner

Zigner

Senior Member, Non-Attorney
Alaska landlord said:
Which is why he is probably a successful LL while you are not.:D
Click to expand...
Let's be perfectly clear. This is not specifically a LL/Tenant matter at this point. It is a contract matter. Our OP reasonably relied upon the LL following up on his portion of the contract. He is entitled to reimbursement for his expenses that were directly caused by the breach.
 
W

Who's Liable?

Senior Member
Alaska landlord said:
Which is why he is probably a successful LL while you are not.:D
Click to expand...
Which I cannot imagine how you are still a LL. While I won't get into the specifics, I will only say that if you were in my state, I'd have a new vacation home paid from the business of your previous, current and future tenants.

Bottom line, JohnD is incorrect.
 
I

izzie01

Member
Boy oh boy what a hot topic...As I said in my other post it was not the new renters fault the landlord couldn't get old renter out...whose fault is it? The old renter I guess. Maybe the LL can sue the old tennet for not vacating and costing him after sjpmom wins for her additional expenses. I think sjpmom should go to small claims court, you don't need a lawyer for that, just the cost to file a claim and your time. If she couldn't move in because house was destroyed by flood or tornado then she probably wouldn't win, but in this case it just seems like common sense. She had a contract which, when it comes down to it LL breached..but then again maybe the law doesn't always use common sense.
 
A

Alaska landlord

Senior Member
Who's Liable? said:
Which I cannot imagine how you are still a LL. While I won't get into the specifics, I will only say that if you were in my state, I'd have a new vacation home paid from the business of your previous, current and future tenants.

Bottom line, JohnD is incorrect.
Click to expand...
Keep dreaming. You would probably be shoveling my driveway.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top