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Please don't act like the victim here. If the tables were turned and the landlord wanted you out before the lease ended, I'm sure you would be "rude and hard to work with". Remember, you are the one trying to get out of legally binding contract.
We aren't trying to take away his home. A little different, but I can appreciate your point. But I can say that I wouldn't act like that. He's running a business. Yelling at customers when they're simply trying work to change an agreement is no way to run a successful business. Definitely doesn't lead to referrals.
To the other responses - I don't dispute that we signed a contract. Our issue is the email correspondence that led to us making an offer on a home and them backtracking on their email to us. Their communication has been awful and it's likely going to cost us a couple thousand dollars.
You won't have a mortgage payment in may if you close in April. The first payment will be on June 1st as they need a full month before the first payment is due. If you need more time and you close mid April ask your seller for a delay to close on the 5th-10th of May and your first mortgage payment will be July 1st.
There are plenty more out there. Just Google "can emails form a binding contract," etc.
Sure but lets look at the contents of that email conversation. The first question, and seemingly the only question that was answered is:
Quote:
From OP: "If we were to leave the house before May 31st all we would have to do is give 30 days notice, is this correct?"
From PM: "That is correct."
The second question was:
Quote:
From OP: "Is there anything else we need to be aware of in terms of move out requirements or costs? The lease didn't specify."
From PM: "That is correct."
The response to the OP on the first question makes sense but the second question doesn't so it wasn't actually answered. There is nothing binding there regarding the costs associated with breaking the lease early so there is nothing to even argue over here, the lease is binding and the emails did not change the terms at all they just reinforced the 30 day notice requirement.
To the other responses - I don't dispute that we signed a contract. Our issue is the email correspondence that led to us making an offer on a home and them backtracking on their email to us. Their communication has been awful and it's likely going to cost us a couple thousand dollars.
First the good news; Washington state does recognize electronic communications as valid communications unless some law or other legal documents prescribes another format. So, if your lease only requires written notice, an email is a written notice. If it requires a mailed written notice, or sent with some delivery confirmation, the email wouldn't be accepted as adhering to the notice requirement. So, read your lease and see if there is any restrictions. If not, the email would do.
Now the semi bad news; will a court accept that what was written provided a clear and unambiguous question and was the response clear and unambiguous so that any reasonable person would completely understand what was communicated based solely and only on that exchange? And, is that actually a binding agreement that you should have relied upon to make the home buying decision?
Playing devil's advocate, I can certainly argue that what you asked was if there would be any cost (fee, additional charge or payment) owed as an "additional lease break fee" for breaking the lease, and, that you never asked about the rent. As you can see, there are differing opinions and that is why WA requires all notices to be clear enough that there is no question what exactly is being asked and what exactly was answered.
However, you can still give proper notice, vacate per the notice, surrender possession per the notice and fully expect your landlord to use all reasonable and customary methods to re rent the premise as required by law. Once the premise is no longer available to be rented (new tenant, landlord decides to move in, place burns down, or any other reason its not available to rent) your obligation to continue paying rent ends.
There is always argument on this forum by people who are loud, yet incorrect. That doesn't mean that judges or lawyers who understand the law, are going to argue in the same manner.
Oh well, OP. You get what you pay for, eh? I just hate to see you get ripped off unnecessarily. Getting legal advice would probably be cheaper than letting the LL rip you off. Best of luck to you.
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