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I recently sold a business and the new owner signed a new…

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I recently sold a...

I recently sold a business and the new owner signed a new lease with the landlord. The landlord is refusing to refund the deposit of $1200. I also overpaid the rent for the a period of 22 months. There is a clause in the lease that states if the rent is not submitted on the 1st day of the month then there will be a $100 late fee. The landlord is claiming I was late basically every month however I have canceled checks the prove otherwise. The landlord owes me a balance of $3523.80. What are my options?

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Utah. The new lease was signed on 12/13/17

Lawyer's Assistant: Has anything been filed or reported?

No. The landlord has not been responsive so I'm trying to find the best way to approach the issue before I attempt to contact him.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think thats pretty much it.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
1/5/2018
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,257
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 7 months ago
No I’ll wait for reply.
Customer reply replied 7 months ago
By the way the were 2 checks where the dates were altered.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

This appears to be a classic breach of contract if they are not returning the deposit and if you have evidence that they have no legal authority to do such a thing. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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