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landlord leaves excesive emails and refuses to remove personal…

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landlord leaves excesive emails and...
landlord leaves excesive emails and refuses to remove personal items from property, and comes to house too often, whats my recourse?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
2/28/2012
Lawyer: Phillips Esq., Attorney-at-Law replied 6 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,799
Experience: B.A.; M.B.A.; J.D.
Verified
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Could you explain a little more?

Are the personal items in your rented space or in the common areas?

Why is the Landlord e-mailing you?
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Customer reply replied 6 years ago
The loft is and has been unusable for the entire term of the lease started 6 months ago, 6 mos remaining, due to personal belongings left behind by the land lord, at time of move out they(couple) asked for a "little more time" to move them. I agreed that it would be ok for a "while." every time (minimum of 3) i ask for them to be removed I am confronted with another excuse, I have now demanded there removal, in writting. Tthey are the over involved landlord, wanting to come over with there kids to rake leaves, store things in the garage, still recieve mail, etc, etc. they are too much and it has escalated every time I ask them to have less involvment, I have not paid rent this month in order to grab there attention, I dont want to deal with these people any more, but am worried they wont try to rent it out or will not be able to and me stuck with a couple months rent where I am not. the house is no longer a peaceful place to live and I want out
Lawyer: Phillips Esq., Attorney-at-Law replied 6 years ago

Thank you for the information:


The loft is and has been unusable for the entire term of the lease started 6 months ago, 6 mos remaining, due to personal belongings left behind by the land lord, at time of move out they(couple) asked for a "little more time" to move them. I agreed that it would be ok for a "while." every time (minimum of 3) i ask for them to be removed I am confronted with another excuse, I have now demanded there removal, in writting. Tthey are the over involved landlord, wanting to come over with there kids to rake leaves, store things in the garage, still recieve mail, etc, etc. they are too much and it has escalated every time I ask them to have less involvment, I have not paid rent this month in order to grab there attention, I dont want to deal with these people any more, but am worried they wont try to rent it out or will not be able to and me stuck with a couple months rent where I am not. the house is no longer a peaceful place to live and I want out


Question: landlord leaves excesive emails and refuses to remove personal items from property, and comes to house too often, whats my recourse?


Response: You can terminate the lease on several grounds: partial use of the rented space, interference with quiet enjoyment of the premises, abuse of access. Since the Landlord has breached the lease first, you are released from further obligation under the lease. If or when the Landlord sues you for breach of lease, you would use those three aforementioned reasons as your defense.


The Landlord has a duty to mitigate his damages by looking for a replacement Tenant. In any event, it would not matter much in this case since you have excellent grounds for walking away. Also, since the loft has been unusable throughout your tenancy, your Landlord should not have been charging you for the full rent.

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