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I am three months into a 12 month lease on a home. Last Firday the landlady gave me a "Notice of Termination of Tenncy". She have me 14 days to find a new house and get out. The reason is because she wants to move in to this house. I have never been late with the rent. The house is clean. I am quiet. She swears I am the best renter ever. She is not offering any compensation for breaching the contract.
I cannot afford to move. I gave her $1250 for a deposit and I paid the rent two days before she told me to get out. She cashed the check, then came to tell me I had to move. She will not reimburse me for the rent. She says she will give me back the deposit and what's left of the rent after I'm gone. I am going to have to use my daughter's tuition money to move. I believe I couldn stay and make her honor our contract, but if I do move to avoid hassle, even though I do not want to, do I forfeit the right to sue her for breach of contract? If I move does that signify a mutual agreement?
Submitted: 282 days ago via
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Category: Real Estate Law
Value: $40
Status: AWAITING CUSTOMER ACTION
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Pueblo, Colorado
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Nothing really. I've researched on the internet. I called legal services, but I am not eligible for their services so they won't help me. I can't afford a lawyer.
I've told her that I do not agree to move. She said that under Colorado Law, she can break the contract with 14 days notice if she needs to move in. I said she is wrong. She is subject to the same laws I am as far as the lease goes. Nothing in our lease allows for this. She threatened to evict me. She told me to talk to her lawyer from now on. She offered to go with me to look at houses pay the deposit out of what I had given her, and she would give me what was left after I am gone. She has not disputed that the house is spotless and I have never been late on the rent.
She won't give me additional time and she won't give me back my rent. And she won't pay for my move. It cost me $3000 three months ago. I just paid over $500 in utility deposits. I took 5 days vacation. I can't take off again. I will have to pay someone to move. I want her to pay for that. I want her to pay me my deposit, at least one month's rent, all of my moving expenses, inculding time off from work. I would be expected to pay more than that if I just walked off from the lease. If I have to sue I want her to pay whatever the law allows me to collect. She sold her other house on a whim. She can afford to be honest and fair, instead she chose to cheat me.
I do not want to live in the house and subject my son to the kind of abuse I know is coming if I don't leave.
Someone told me if I leave, that constitutes an agreement to her terms and I forfeit my right to sue. If I move, send her a certified letter saying I am moving because I am being forced to, that I consider this a breach of contract on her part and I do not agree to her terms for ending the lease, can I still sue her for Breach of Contract?
Posted by
FLAandNYLawyer
281 days and 23 hours ago.
Answer
Hello,
A landlord cannot typically force a tenant out of the property prior to the end of the lease term if there is no breach.
Additionally, a landlord cannot use self help to evict a tenant. The landlord must judicially dispossess a tenant. If the landlord takes any action to lock you out, you can call the police and file a civil action for damages.
If the landlord proceeds judicially, you will have the opportunity to be heard in court.
Edited by FLAandNYLawyer on 2/14/2009 at 1:42 AM
281 days and 23 hours ago.
Reply
You did not answer my question. You just repeated what I already knew and what I said.. I want to know IF I DO MOVE DESPITE THE FACT THAT I DO NOT AGREE TO THE LEASE TERMINATION,DOOES THAT NULLIFY MY OBJECTIONS? That is the question I asked. I do not accept the answer unless you tell me the consequences if I do move. You just gave me the same stuff I already knew. I know I don't have to move, but I want to know if I give up the right to sue if I do move.
Posted by
FLAandNYLawyer
281 days and 23 hours ago.
Answer
Hello,
Due to a computer glitch I had not received the majority of your question when I answered. Apologies.
If you move, you do not waive your rights to sue her. However, it could appear that you are agreeing to move and therefore she is not the cause of your damages.
When you move you will want her to give you a release for the balance of the rental term. This will prevent her from coming back in court and asserting that it was you who broke the lease. You will not want to sign such a release yourself as that would prevent you from taking action for the termination.
I hope that this fully answers your question. If not, simply post me back.
281 days and 22 hours ago.
Reply
Well, if moving indicates I agreed to the lease termination, should I file suit against her for breach of contract before I move based on the Termination of Tenancy Notice? Does her giving me the termination notice constitute a breach? Do I have to wait for hewr to file an eviction? Then no one will rent to me if I get evicted. Doesn't a certified letter sent before I move stating that I am only moving because she is forcing me to indicate I did not agree?
It sounds like if I move I give up my right to sue, but if I stay. I do the same. I just want her to pay for my move, because I can't afford to it and it is not fair. I gave her all my money just three months ago.
Accepted Answer
Hello,
Filing suit against the landlord for breachof contract based upon her termination of the tenancy would be helpful.
Expert:
FLAandNYLawyer
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2/14/2009
Lawyer
20 years of private practice
281 days and 12 hours ago.
Reply
<p>Thank you so much for your help. Should I file the suit before I move or can I file it immediately after. I am afraid she will also withhold my deposit if I file suit against her before I move, though she has no cause to do so. This house is spotless. I need that money to pay back my daughter's college tuition. </p><p> </p><p>That is the only thing I am unclear about. I do not want to live here and deal wth a landlord who is going to be harassing me for months. But, I also want her to pay for doing this to me. It is not right and she doesn't seem to comprehend that.She thinks it is fine for me to use my daughter's tuition to move, as long as she gets her way. There is a moral disconnect in her brain. This is causing me to lose sleep, and I really want to move, but I also am determined to sue her for doing this to me. Do I sue in small claims court? </p>
Posted by
FLAandNYLawyer
281 days and 11 hours ago.
Answer
Hello,
You can sue after you move however you will need to be cautious not to sign a release. It would be helpful to send her a certified letter that you do not want to terminate you lease and consider her in breach.
You may be able to sue in small claims court. Here is the link:
http://www.courts.state.co.us/Index.cfm
Best wishes.
Edited by FLAandNYLawyer on 2/14/2009 at 1:49 PM
281 days and 10 hours ago.
Reply
You are wonderful. Thank you for your time.
Posted by
FLAandNYLawyer
281 days and 8 hours ago.
Answer
Thank you. Best wishes to you and your daughter.
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