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Breach of contract, what to do... I did an early buyout with my LL

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  • Breach of contract, what to do... I did an early buyout with my LL

    I did an early buyout with my landlord and paid 2 months rent upfront and if they were able to rent the apartment I would be refunded the difference. The contract states that I signed it and the lease agent signed it. I moved found the apartment rented in 1 month. Now they are saying I had the option of getting the security deposit or the difference in rent. Well that was not part of the agreement we both signed. The leasing agent even said we had to rent the apt at a discounted rate thus i wouldn't have received anything back. However she informed me they rented it for more than I paid. Do they have any legal leg to stand on with this and what should I do? Now they wont even return my phone calls.

  • #2
    Re: Breach of contract what to do

    I wish to inform you that you can claim compensation based upon breach of contract. You can send a demand notice to landlord along with details of amount demanded and facts of the case as to how landlord has violated agreement. If landlord refuses to pay the amount due then a lawsuit can be filed by you and amount can be claimed. Defending upon the value of money generally you can file a case in small claims court.

    AFF

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    • #3
      Re: Breach of contract, what to do... I did an early buyout with my LL

      Originally posted by Cutta81 View Post
      I did an early buyout with my landlord and paid 2 months rent upfront and if they were able to rent the apartment I would be refunded the difference. The contract states that I signed it and the lease agent signed it. I moved found the apartment rented in 1 month. Now they are saying I had the option of getting the security deposit or the difference in rent. Well that was not part of the agreement we both signed. The leasing agent even said we had to rent the apt at a discounted rate thus i wouldn't have received anything back. However she informed me they rented it for more than I paid. Do they have any legal leg to stand on with this and what should I do? Now they wont even return my phone calls.
      You are entitled to return of the extra month's rent for their renting the apartment out. Landlords may not "double dip."

      What is in black and white overrides anything the parties might say or promise.

      There is no "option" on returning a security deposit. You should be entitled to both. Return of the security deposit (less any damages, of course) AND the xtra month's rent they are keeping.

      If you supplement your post with the state this rental is in, I will post the statute on return of damage deposits.

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