What is the name of your state? Colorado
BACKGROUND: Rented a house in Colorado Springs, CO from guy that lives in DC through a well know website that caters to Military the end of May with a negotiated move-in date of 6/14. When we talked the owner knew that I have to be out of my current house by the 6/14. The owner also knows that my husband is currently deployed to Iraq and I was handling everything on my own. After seeing the house, shown by a neighbor/property manage and current tenant, I agree to rent the place and signed a lease. I sent the lease back to him and all is well. On 6/11 I am advised the tenant won’t leave and a notice was served. I drive by the house and there is a notice posted on the front door. I am still concerned and call the owner. He tells me the tenant will be out and if there is a problem will pay for my storage etc. from me to hang in there. He then sent me a PDF of the signed version on our lease on 6/12. Based on his assurances I confirm my movers and contact the utilities to have them turned over to my name. The utility company informs me that they had all be shut off and I would have to pay a start up fee and that they would be turned on Friday as they do not work weekends. I think this is odd but agree to the terms. This is only the 2 house I have ever rented and figure this is a good sign and the woman has left the premises. I decided to drive by the house on 6/13 and see the woman there packing her car. I stop and ask if she needs help as she was alone with her dog and we had chatted for a bit. I spent the next 6 hours helping her pack, got her assurances she would be out by morning and gave me a key to the house so I can move in on the 14th as planned. Meanwhile, the utilities are turned back on. I go home feeling much better about things. Early Saturday morning of the 14th the neighbor/property manager calls to inform me that the tenant has left a note on his car informing him she will not be leaving and requested a court date. I went to the house, lease and key in hand, to ask what was up and she told me straight out that she had been advised she did not have to leave and that the owner had no right to lease the house to me and she was not leaving. I started to cry and she closed the door in my face.
Now, I have a moving truck pack with my stuff, no house and no idea where to go. Calls were made to my Army contact a message left and was waiting for a response. I also called the parents back home and the moms both said to put my stuff in storage and we would work out all the other details. My mom-in-law got spent the day on the internet and phone and had a house for me to rent that night. I was able to move into the new house on Sunday but had to wait until Monday for movers to get my stuff out of storage. The moms agreed the other house was no longer an option and feared for me to live there alone and I called and spoke with owner and told him I could not wait for him to remove her and agreed to break the lease.
QUESTION: I am out of pocket a little over a $1000 because of this situation. I have storage fees for 2 units, movers cost from Saturday, application fee, and 2 nights in a hotel as well as several tanks of gas on the truck I was using while running around trying to straighten this mess out. The owner of the property claims I broke the lease and therefore will not pay my storage etc. He said he would but only if I hung in there with him and honored the lease. I told him he was in breach of contract these expense incurred are a financial hardship for me and I now have to borrow money to make ends meet this month!
Do I have any rights here? Is there a way I can get some of this money I spent on Saturday and Sunday back from him?
BACKGROUND: Rented a house in Colorado Springs, CO from guy that lives in DC through a well know website that caters to Military the end of May with a negotiated move-in date of 6/14. When we talked the owner knew that I have to be out of my current house by the 6/14. The owner also knows that my husband is currently deployed to Iraq and I was handling everything on my own. After seeing the house, shown by a neighbor/property manage and current tenant, I agree to rent the place and signed a lease. I sent the lease back to him and all is well. On 6/11 I am advised the tenant won’t leave and a notice was served. I drive by the house and there is a notice posted on the front door. I am still concerned and call the owner. He tells me the tenant will be out and if there is a problem will pay for my storage etc. from me to hang in there. He then sent me a PDF of the signed version on our lease on 6/12. Based on his assurances I confirm my movers and contact the utilities to have them turned over to my name. The utility company informs me that they had all be shut off and I would have to pay a start up fee and that they would be turned on Friday as they do not work weekends. I think this is odd but agree to the terms. This is only the 2 house I have ever rented and figure this is a good sign and the woman has left the premises. I decided to drive by the house on 6/13 and see the woman there packing her car. I stop and ask if she needs help as she was alone with her dog and we had chatted for a bit. I spent the next 6 hours helping her pack, got her assurances she would be out by morning and gave me a key to the house so I can move in on the 14th as planned. Meanwhile, the utilities are turned back on. I go home feeling much better about things. Early Saturday morning of the 14th the neighbor/property manager calls to inform me that the tenant has left a note on his car informing him she will not be leaving and requested a court date. I went to the house, lease and key in hand, to ask what was up and she told me straight out that she had been advised she did not have to leave and that the owner had no right to lease the house to me and she was not leaving. I started to cry and she closed the door in my face.
Now, I have a moving truck pack with my stuff, no house and no idea where to go. Calls were made to my Army contact a message left and was waiting for a response. I also called the parents back home and the moms both said to put my stuff in storage and we would work out all the other details. My mom-in-law got spent the day on the internet and phone and had a house for me to rent that night. I was able to move into the new house on Sunday but had to wait until Monday for movers to get my stuff out of storage. The moms agreed the other house was no longer an option and feared for me to live there alone and I called and spoke with owner and told him I could not wait for him to remove her and agreed to break the lease.
QUESTION: I am out of pocket a little over a $1000 because of this situation. I have storage fees for 2 units, movers cost from Saturday, application fee, and 2 nights in a hotel as well as several tanks of gas on the truck I was using while running around trying to straighten this mess out. The owner of the property claims I broke the lease and therefore will not pay my storage etc. He said he would but only if I hung in there with him and honored the lease. I told him he was in breach of contract these expense incurred are a financial hardship for me and I now have to borrow money to make ends meet this month!
Do I have any rights here? Is there a way I can get some of this money I spent on Saturday and Sunday back from him?
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