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Question

Paid landlord first month in advance, but decided the day after the place came available to rent another place. I called them same day to let them know. We were told we could move in a month earlier since we had already paid the rent, but they could not get the other tenants out.

Submitted: 513 days and 11 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Pasco, Washington

Already Tried:
nothing, we never signed a contract with the landlord

Posted by socrateaser 513 days and 11 hours ago.

Info Request

Do you have a written agreement? And, if so, does the agreement cover cancellation or early termination?

513 days and 11 hours ago.

Reply

No contract was ever signed because she had made changes that didn't match what we had talked about. They won't return our $500.
This is the short side of the story. Our house burnt down April 7 2008. My wife works with this lady and she said she had a duplex we could have on May 1, 2008, because the tenants weren't paying rent or taking care of the place. She couldn't get them out on May 1 2008, so she said May 15 2008, but then told us June 1 2008. By now we're looking else where, unfortunitly the other place we took came availble June 2 2008. Call her June 2 2008 and let her know we decided on another place. I deeply apoligized, but this other place was to good to pass up. Beside this, Red Cross had paid her our first months rent. I just don't won't to go to small claims unless I know I can win. They said their lawyer has told them I have no case and they are keeping the money. Thx Ron

Posted by socrateaser 513 days and 11 hours ago.

Answer

The advance rent was tendered in consideration of your taking occupancy on May 1, and the landlord could not deliver possession on that date, therefore she is in breach and you're entitled to DAMAGES against her for the difference in cost of suitable replacement housing.

Alternatively, landlord's failure to deliver possession destroys the subject matter of the contract, therefore there is no contract and you are entitled to the return of your money based upon the legal theory of quasi-contract, which means that the landlord is unjustly enriched at your expense and you are entitled to restitution of the amount misappropriated.

She never talked to an attorney...in my opinion -- otherwise, he/she would have told her to give the money back.

513 days and 10 hours ago.

Reply

Reply to socrateaser's Post: Before I accept your answer, I called Red Cross and the contract that the landlord signed with them to get the $500 first months rent was for May 15-June 15 2008.I don't know if this changes my chances of getting it back, but thought I better clairify what I said earlier. Thx Ron

Posted by socrateaser 513 days and 10 hours ago.

Info Request

If the Red Cross paid $500 for the unit for May 15-June 15 and the landlord didn't deliver possession, then he Red Cross also has a claim against the landlord for breach of contract or quasi-contract unjust enrichment.

I'm not clear about what you paid $500 for, if the Red Cross also paid $500. Please clarify...

513 days and 10 hours ago.

Reply

I didn't pay the $500, Red Cross was helping after the fire to get started going again. I could use the money to pay my rent where I'm at now because I had to borrow money to get into the place I'm in now. Besides that Red Cross said that was between them and me.

Posted by socrateaser 513 days and 9 hours ago.

Answer

Oh...okay, that makes you a third-party beneficiary to the contract between the Red Cross and the landlord. The landlord is still in breach and as a consquence, you cannot benefit from the Red Cross' gift of $500 to you. So, you should be entitled to the money so that you can benefit. However, if you sue, you should provide notice of the action to the Red Cross in case it wants to join. Otherwise, you may look to the judge like you're trying to get the money that should be returned to the Red Cross.

I realize that you say that the Red Cross told you that it was between you and the landlord -- but the judge will be suspicious, so that's why I'm suggesting you provide notice -- or get the Red Cross to write you a letter releasing you from liability for the $500 if you collect it.

513 days and 9 hours ago.

Reply

Red Cross is sending me a copy of the contract that the landlord signed for the $500 for rent from May 15-June 15 2008. Red Cross also said they would give me a letter releasing me of any liability to pay them back if I collect. I also have a signed contract with my new landlord showing my rent to be $600 a month. That gives me 3 documents to take to court to prove my case. Give me your honest answer, what are my chances of winning in small claims court?

Accepted Answer

I can't predict the future. The judge may hate the Red Cross. The landlord's best case would be to show that the unit was available when you started looking for your money back. Personally, I think that the fact that the landlord couldn't deliver possession when due under the lease is the nail in the coffin.

But, no promises, because I haven't read your contract and my name's socrateaser -- not Oracle at Delphi.



Edited by socrateaser on 6/26/2008 at 4:51 PM

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Expert: socrateaser
Pos. Feedback: 98.8 %
Accepts: 
Answered: 6/26/2008

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