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Unread 12-16-2008, 02:06 PM
 
Location: Newport Beach CA~Denver CO
2,141 posts, read 2,141,184 times
Reputation: 1554
The other thing I have found .you work for attorney's and I am sure you know; is that
if the lease isn't iron clad---but this one probably is-- that judges have fairly open discretion to settle---either way you are right---the only real shot is land lord cooperation or a loophole ( grey area) or the case of possible domestic violence...
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Unread 12-16-2008, 02:25 PM
 
Location: Denver, CO
3,443 posts, read 4,991,763 times
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ahh, interesting about the licensed broker issue. I bet they do hold more accountability to you. And it should be said, there are total differences between the types of landlords, companies, individuals, you (broker). This would make a big difference on how the lease is handled. If the OP is with an individual home owner, I do think there is room for flexibility. Companies, well, forget that one. The big mgmt. co.'s have in-house attys.

Quote:
Originally Posted by Scott5280 View Post
I had a situation in April of 07, where the tenant broke the lease with a boyfriend--
she was able to prove that living there would be physically dangerous to herself..I myself did not follow up and try enforce the lease....Another property tenant I had
moved out of a condo I owned because of water damage from unit above--still in major litigation over that one---That was a pretty clear case for vacating though..I
know your right about the time and money involved with attorney's...She should avoid
that nightmare unless it's absolutley necessary..My family is heavily involved in real estate---my personal experience is that grey areas go to tenant ---I stress only grey areas...The other reason I suppose I said that and should have thought about that first--is court looks at me as a licensed Broker...Not all landlords are(probably most are not...Court looks at Broker land lords with more scrutiny than non brokers---that has been my personal experience and with many friends..
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Unread 12-16-2008, 02:28 PM
 
Location: Denver, CO
3,443 posts, read 4,991,763 times
Reputation: 734
Yep, I've been working for them forever. Not only that, but have had extensive studies in my B.A. and Assoc. in Paralegal.

I'm not sure if any lease really is iron clad. An old friend once told me, you can sue the pope but it doesn't mean you'll win...

The judges definitely have discretion as due to the money amts. the cases are generally in lower courts.

Domestic violence should be avoided at all costs though, and if that is the deal then I'd ditch the lease in a heartbeat and worry about consequences later.

Quote:
Originally Posted by Scott5280 View Post
The other thing I have found .you work for attorney's and I am sure you know; is that
if the lease isn't iron clad---but this one probably is-- that judges have fairly open discretion to settle---either way you are right---the only real shot is land lord cooperation or a loophole ( grey area) or the case of possible domestic violence...
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Unread 12-16-2008, 02:33 PM
 
Location: Newport Beach CA~Denver CO
2,141 posts, read 2,141,184 times
Reputation: 1554
Quote:
Originally Posted by wanttomoveeast View Post
Yep, I've been working for them forever. Not only that, but have had extensive studies in my B.A. and Assoc. in Paralegal.

I'm not sure if any lease really is iron clad. An old friend once told me, you can sue the pope but it doesn't mean you'll win...

The judges definitely have discretion as due to the money amts. the cases are generally in lower courts.

Domestic violence should be avoided at all costs though, and if that is the deal then I'd ditch the lease in a heartbeat and worry about consequences later.
Wantagetlegalonumiami----You need to go to Law School....I know U Got the smarts---I know it's a pain in the A$$, or so I'm told--probably fun at times though I bet...
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Unread 12-16-2008, 02:37 PM
 
Location: Denver, CO
3,443 posts, read 4,991,763 times
Reputation: 734
haha, thanks for the nice words Scott. I'm not afraid of law school, just afraid to be stuck here forever. If I go, it'll be U of M. It is fun work, and where I work, we get to help the less fortunate while of course helping the fortunate. It keeps your brain working for ya.

Where's the OP?
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Unread 12-16-2008, 03:21 PM
 
Location: Canon City, Colorado
1,333 posts, read 2,431,155 times
Reputation: 595
WTME knows of what she says ( trust her!)
The only other thing I would suggest is.....BEFORE you do or say anything...find another place...then, your standing would still be good and, you wouldn't have to worry about a "skipped out on a lease type situation",......then, if you had to skip out of a contract (to save your life) you will have a place to live!! This is only an emergency situation but, it would be a scenario I would persue!! Good Luck and hang in there!!
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Unread 12-16-2008, 04:40 PM
 
Location: Denver, CO
3,443 posts, read 4,991,763 times
Reputation: 734
Thanks Sheridan. Nice to be recognized. Sometimes I think people might feel I'm full of it.

Anyway, way back when I was in the same situation. So my responses were sort of from personal experience. But that was forever ago. I too looked for another apt. before saying anything to my boyfriend. He did get a little nutso w/his drinking and I had a quick out. The landlord never went after me, and my boyfriend collected my share of the deposit, but I was happy to get rid of him anyway.
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Unread 12-16-2008, 06:09 PM
 
Location: Canon City, Colorado
1,333 posts, read 2,431,155 times
Reputation: 595
YEP,..WTME!! That's what I would do in that type of situation!! CYA!!
It is a smart move before one ruins their credit..yes??
I hope they/she will be okay!
Get out while the gettins' good!! IMO!
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Unread 12-16-2008, 06:17 PM
 
191 posts, read 366,285 times
Reputation: 85
Quote:
Originally Posted by LaurenRose727 View Post
I am currently living with my boyfriend and we signed a year lease. He has began to drink again and becoming very erratic and making life miserable for me. I have broken up with him, but he refuses to leave the home even after he agreed to leave at one point. Does anyone have any advice on how to get him out legally??
Smith & Wesson
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Unread 12-17-2008, 09:32 AM
 
Location: Denver, CO
3,443 posts, read 4,991,763 times
Reputation: 734
Sheridan, yes, very good idea to get out while the gettins good. And it can totally ruin your credit depending on who your landlord is. It can also just ruin your renting history.
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