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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33766
Experience:  Attorney for over 15 years, landlord 26 years
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Our son signed a lease for college apartment, when we went

Customer Question

Our son signed a lease for college apartment, when we went to move him in the apartment that supposedly was empty was filthy and full of drug paraphernalia and marijuana residue. Late rent notice, late school bill, and power shut off notice. We refused to move our son in. They did not have another unit avail. 4:00 Friday and we had a herd time getting ahold of anyone to get another apartment. We got in touch with a few people and signed a lease for another apartment Monday morning and was able to move in just before his classes. They say they will not let us out of our first lease so we would like to go to conciliation court. I'm not sure how to fill out the form. Does the guarantor get listed also as plaintiff or just my son?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

I'm not sure how to fill out the form. Does the guarantor get listed also as plaintiff or just my son?

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Yes, the guarantor is listed as a plaintiff because they are an "interested party" who can be held liable under the lease if it is determined that an unjustified breach has occurred.

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As for the apartment, if it was represented as it would be clean and in move in condition, and it wasn't, then that would be a breach of contract on the part of the landlord. And when one party breaches, the other party is relieved of the duty for further performance under the contract.

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So when landlord breached first, that gives son the right to refuse to continue on in the contract and sue for damages.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 3 months ago.
Thank you, ***** ***** helps.
Expert:  barristerinky replied 3 months ago.

You are very welcome. Happy to help any time.

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Did you have any further questions I can help with this afternoon?

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thanks

Barrister

Customer: replied 3 months ago.
Do I put the total lease amount in as the amount the defendant owes
Expert:  barristerinky replied 3 months ago.

No, you would be suing for whatever damages you have due to their breach... so any moving costs or change of plans expenses due to having to scramble around to try and find a new place. Basically you want the judge to come in and say that you were justified in breaking the lease so as to get son out of it entirely.

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But if you paid deposit and first month's rent, those are damages you want back as well so list those too.

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thanks

Barrister

Customer: replied 3 months ago.
Oh ok
Expert:  barristerinky replied 3 months ago.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

Customer: replied 3 months ago.
Thank you
Expert:  barristerinky replied 3 months ago.

You are very welcome. Happy to help any time.

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If you could take a moment to rate my service, I would greatly appreciate it.

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thanks

Barrister

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