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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 117458
Experience:  Attorney with over 24 years experience.
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We rented a house year lease on Sept 2014. Once we signed,

Customer Question

We rented a house for 1 year lease on Sept 2014.
Once we signed, the realtor left us a note saying he wantes to sell the house at the end of the lease and we had to open our house for visits starting in July 2015.
At the end of April we signed an extension for more than 1 year with increased price because we couldn't find any house available and under the threat of being kicked out.
In mid June we communicated we have found another house and we will not pursue the additional year contract. We have 2.5 months notice and we fulfilled the onitial contract until the 31st of August.
Since then we have been asking for the deposit return and we couldn't get any answer after several requests.
After we left the house he communicated we will not get the deposit and we could be pursued for the rent until he finds a new tenant. We would like to recover the deposit ($3000).
What can we do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if you signed an extension you are bound to the terms of that extension you signed. The reason people use written contractual agreements is because they intend to force people to honor agreements they make. So you will be bound to the terms of the extension contract you signed. If you do not honor that contract, you are in breach of the contract. If you are in breach of contract, he legally is correct that he can sue you for rent until he rents to a new tenant as well, since you left before the extension was over and you signed the extension I am afraid.

Had you not signed the extension, you had a potential way to cancel the lease based on his failure to disclose before you signed the lease that he was planning on selling and that allowing open houses during your lease interfered with your peaceable use and enjoyment of the premises that the lease guaranteed you. However, when you signed that extension, you knew he was planning to sell and unfortunately, that legally committed you for the term of the extension and changed the terms of the original contract and you are now bound by that extension contract.

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