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I have a lease which the landlord insists I asked to get out…

I have a lease...

I have a lease which the landlord insists I asked to get out of but I did not. She was being hostile and I told her I would be willing to release her if she was that uncomfortable with me.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

UT

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I have not moved in yet.

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

Not really.

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Customer reply replied 5 months ago
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Answered in 3 minutes by:
3/19/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,068
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Are you under a written fixed term lease or are you month to month?

.

Has the landlord given you any written notice to vacate?

.

What is your legal question I can help with?

.

.

thanks

Barrister

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Customer reply replied 5 months ago
I have not moved in so there is no notice to vacate. The term of the lease is six months. We signed the lease electronically and she assumed I didn't want it because I didn't sign it immediately. Then she requested my deposit so I thought she was no longer reluctant to rent me the place but a few days after she started being hostile.

Ok, so have you signed the lease and paid the deposit....

.

I am not sure what you are asking here? do you want to enforce the lease? get out of it? what is your goal here?

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Customer reply replied 5 months ago
I want to enforece the lease or get my money back. Currently the owner is advertising and showing the place while still holding on to my money so I do not know what is going on with my housing situation.

Ok, if you paid your deposit and the landlord accepted it, then you have a valid and enforceable lease contract. It doesn't matter whether the landlord is hostile or not... you have a contract that you can enforce.

.

So you need to communicate with the landlord and state that you are planning on enforcing the lease contract, through court if necessary, unless she returns your money within X days (whatever you feel is reasonable).

.

.

thanks

Barrister

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Customer reply replied 5 months ago
I have done so but she is still advertising the place as available and I have even had a couple of friends call on it and she told them it was currently available for move-in. I am supposed to occupy the dwelling a week from now.

Well, then if she rents it to someone else after having taken your deposit, she is in breach of contract and you can sue her for any damages you incur...like staying in a hotel until you find a new place, moving and storage costs, and your deposit back..

.

So I would again reach out to her and put it in writing that you aren't sure why she is still advertising the property as available when you have a legally binding lease contract for it..

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Customer reply replied 5 months ago
I have been saying all that since last week. Her response was: "My place is listed and I'm showing it tomorrow. Based on your request to get out of the contract and my attorneys advice, I'm letting you out of the contract and will refund the money as soon as I have someone sign a new lease. "

So did you ask to be released from the lease or not?

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And I highly doubt that she has an attorney on retainer that she just picks up the phone and calls with questions..

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Customer reply replied 5 months ago
I did not ask to be released. She said she was uncomfortable renting to me and said it would be a "long six months" so I offered to release her. I did not ask to be released.

Ok, then you are in a stand off here... you are reaffirming that you will be enforcing the lease, she is saying she won't honor it... So as of the date the lease is supposed to start, if she doesn't give you the keys, then you should be ready to immediately go down to the local courthouse and file suit against her for breach of contract.

.

I might even go early, get the summons and complaint forms from the clerk, fill them out, and take a picture and text it to the landlord showing her that you are ready to sue if she tries to back out...

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,068
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 5 months ago
This is what I said to her: "You said he and you were both "not thrilled" and said it would be a "long six months" so that is causing me a lot of anxiety. Also, yesterday I was on Rentler and I saw you we're advertising the house as available. I really don't have the time for any legal battle at this stage in my life. If this is the only reason you're reluctantly continuing with the agreement I would be willing to release you."That was in response to multiple harassing messages from her and her son. Thank you. I will go to get the documents tomorrow.
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