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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Tenant who took lease with a contract for purchase with a kickout

Customer Question

Tenant who took lease with a contract for purchase with a kickout pending financing, has made material changes to property, falsely represented income on application and has brought pets into the property, which were not disclosed on the application. Property windows are not functioning properly and tenant has demanded they be repaired and has withheld two months rental payments, as well as submitted one insufficient funds check. Landlord has made an offer to compensate tenant when purchase is complete and addressed the breach of contract, when they became aware of the pets and material changes. Landlord has offered to release tenant from lease without penalty and return the property to its original condition. Tenant refuses to leave and refuses to pay rent. Initial lease had both parties agreeing to mediation, however; landlord feels that the tenant's failure to pay rent represents a dispute resolution that is outside of mediation, is the landlord bound to mediation?
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Is the contract only requiring mediation and not arbitration also, or mediation AND arbitration?
Customer: replied 7 years ago.
mediation only