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I posted an ad for an apartment. Found a prospective tenant that I felt was a good landlord/tenant match. We exchanged numerous communications via txt messages and emails. I requested documentation to confirm she was who I would offer the apartment to. Without hesitation, she forwarded all the information I asked for. I told her if she was still interested, I would gladly offer her the unit and if she accepted I would no longer show the place. She accepted.
A week later, she told me she gave notice to her present landlord, put in her request for the return of her security deposit and at that time, she would give me the security deposit. In good faith, I accepted (MISTAKE AND LESSON LEARNED). Now, 5 days before move in (and before any money was collected), she notifies me that she will not be taking the apartment, that she worked it out with her current landlord and will not be moving.
Can I sue her in small claims court (for one month's rent at least (my thinking is breach of contract))? There was no literal contract, but again, I do have ALL email and txt communications and all her personal information, including pay stubs, rent receipts, a rental agreement between her and her current landlord, and even her credit report.
I posted an ad for an apartment. Found a prospective tenant that I felt was a good landlord/tenant match. We exchanged numerous communications via txt messages and emails. I requested documentation to confirm she was who I would offer the apartment to. Without hesitation, she forwarded all the information I asked for. I told her if she was still interested, I would gladly offer her the unit and if she accepted I would no longer show the place. She accepted.
A week later, she told me she gave notice to her present landlord, put in her request for the return of her security deposit and at that time, she would give me the security deposit. In good faith, I accepted (MISTAKE AND LESSON LEARNED). Now, 5 days before move in (and before any money was collected), she notifies me that she will not be taking the apartment, that she worked it out with her current landlord and will not be moving.
Can I sue her in small claims court (for one month's rent at least (my thinking is breach of contract))? There was no literal contract, but again, I do have ALL email and txt communications and all her personal information, including pay stubs, rent receipts, a rental agreement between her and her current landlord, and even her credit report.
Under general common law principles, you had an oral contract that was breached. Sufficiently proving that in court is another matter because now you're in a he-said-she-said situation, and who knows if your state or locality has specific legislation requiring a written agreement in order to be enforceable anyway. IMO the odds of winning are smaller than it's worth.
Lesson learned for future reference: keep showing the apartment until you have at least a signed lease and perhaps security deposit in hand.
I wouldn't waste my time, find another suitable tenant, ask for
a non-refundable deposit before they sign the lease, if it takes
putting it in writing so they know that backing out will be their loss.
Think of it this way, maybe they'd be a bigger problem than you
want as a LL.
Always keep showing the unit until you have a deposit from someone at which time they will also sign a lease. I try to mention that this is our policy when talking to interested parties that want assurances with no action on their part. I seriously doubt you would benefit from any court action.
if your suing for breach of contract then that means you are trying to hold her to the contract. if thats the case you cant re-rent it until this case is settled.
every state and even city can handle things different so the rules can vary place to place.
many times the rules arent even known by landlords. as an example here in ny if a tenant breaks a lease and moves out, the landlord can not go into the apartment and paint or renovate to get the apartment ready to re-rent while he trys to sue the tenant for breach of the lease.
if they go in to paint then its deemed they re-took possesion of the apartment from the tenent and cant claim they are suing them and holding them to the lease.
just chaulk it up and re-rent it, not worth the hassle in your case if the judge says you re-advertised the apartment and took it back from the tenent ...
around these parts the landlord has to have the tenants permission to re-advertise the apartment and help mitigate the damages of being held to the lease but the landlord cant do it on his own or its said he accepted the apartment back.
one of the reasons i wont be a landlord again, ever is because of all the twists and turns in laws .. after 25 plus years of owning rentals im thru, soon as the last 2 properties are sold thats it for me.....
when issues come up you find how little laws protect landlords, almost all laws protect tenants
Last edited by mathjak107; 10-28-2009 at 03:03 AM..
if your suing for breach of contract then that means you are trying to hold her to the contract. if thats the case you cant re-rent it until this case is settled.
they are claiming they want 1 months rent because the perspective tenant broke the agreement. that means they are trying to hold the tenent to the verbal agreement they made. kind of tough to do in the first place because its verbal but non the less a verbal contract in most states is still a contract.
your saying they made a deal and if they want out it will cost them.
some states may allow you to sue for expenses in-curred by their causing you to spend money on ads and lost time but you have to check your local laws on that.
here its not the recommended way to go, you are better off going breach of contract.
its kind of tough to do anything because there was no lease signed
Last edited by mathjak107; 10-28-2009 at 03:23 AM..
they are claiming they want 1 months rent because the perspective tenant broke the agreement. that means they are trying to hold the tenent to the verbal agreement they made
No, that's not what that means unless he's seeking specific performance as a remedy. But that is not the only remedy available for breach of contract.
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