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DONT WANT TO ANNOY YOU HOME GURU

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M

msnails99

Guest
I dont know how to do the thread thing, but you say MOVE OUT SO SHE CAN MOVE In...do you mean the lease isnt binding because of this mistake? If the landlord would take me to court..he wouldnt win??..I am so desperate for your help and please accept my apology for posting a new post , i really have no clue how to make the thread
 


L

LL

Guest
I'm neither HOME GURU nor a lawyer, but it seems to me that
you all signed the agreement, meaning that you all agreed to it.

 
W

Wgoodrich

Guest
Not a lawyer but am a landlord. The fact that you did not sign on the dotted line where you were supposed to may give you some leverage. It would be a judgement call by the official who is making the ruling in court.

If you move out he may file for breach of contract plus damages. It is true that if you sign a lease you are liable for the full amount of that lease. However, many judges are reluctant to issue such a ruling. In my area the judge tends to give the landlord two or three months rent payment after the landlord gets possession to find another renter. A court tends to favor the poor, the landlord seems to be the picture of the rich landlord picking on the poor little renter.

If you move out you would be in breach of a contract that has doubt of being a valid contract due to the errors in signing the document. You technically didn't sign on the dotted line. The judge also may have a tendancy to have a tendency towards leniency towards the renter.

It is your choice whether to stay and fail to pay the rent or move out and take your chance whether the landlord will seek litigation or not. It is his job to find you and ensure you get service of you being sued, it is his money that you that is coming out of his pocket to find you, serve you, then file proceedings supplemental asking for a garnishment of your wages, to collect from you. If he found a renter quickly experiencing minor loss it may not be worth his while to persue you.

You must make the choice to face up to the problem and talk to him trying to meet on equal ground to seek some type of deal, or just skip out and face litigation and the unknown results of that litigation.

Just try to do the right thing for all

Good Luck

Wg
 
M

msnails99

Guest
WGOODRICH...i am by no means a awful renter but i am puished into a situation where i dont see no way out anymore...and i did try to reason with the landlord; like i am a painter and he needs lots of painting repair in and outside his house also he needs this logcabin i live in pressure washed the whole house and i offered him that i will do that for no charge in spring to show i dont just want to run off but financially i am broke at this time and cant pay any longer a rent of 850 dollars plus utilities, since my wife had to leave suddenly due to her mother grave condition!
We love this beautiful house but right now i cant keep it...i truly tried to reason with him also offered what ever is left over on payments after i fix his house i will make monthly installments to him till my debt is paid off...i also try to find a renter for this house for him..i placed an ad online for now to see if i get responses...where i live is in a skiresort on top of the "blue ridge" in VA.
I just dont know anymore what to do...i am very desperate...all together if he doesnt release me i owe him 10 more months which would equal to $ 8500 plus whatever courtcost and so on i will have to pay...i dont know what to do....if i would stay here...i couldnt afford utilities and would work only for rent and a little groceries...this is not a live
 
W

Wgoodrich

Guest
In the USA we have no such thing as a debtor's prison. Face up to the problem and take an action. The landlord wants to see money not payment in kind. You seem to be at a point that an action must be taken on your part.

The choice is yours. But you will probably have to face some music as in money. I can not advise you which path that you should take. The previous post told you of many of your options and repercussions most likely resulting from those choices. You seem to be backed against the wall. Make your chioce of action and hold your head up high. Tell the landlord your intentions, the fact that you have no choice, and do not wish to cause him harm. Then live up to your choice of action.

Good Luck

Wg
 

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