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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34018
Experience:  30 years of real estate practice experience.
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I did a one yr lease on a house that was on the market and

Customer Question

i did a one yr lease on a house that was on the market and was not told until 3 mos into the lease. i intended to stay 2 years but had to move once the lease was up because the house sold. can my prev or new landlord be help reponsible for the withholding of information (house was for sale) and be held responsible for my moving costs? also i did not have access to inspection and now i am being charged for damage that was already there can i get around that?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Did the landlord lie to you in the lease about the house being on the market?

Expert:  Loren replied 1 year ago.

In other words was there fraud or misrepresentation?

Have they withheld your security deposit? Have you challenged the damages they allege in writing?

Expert:  Loren replied 1 year ago.

Also, did you request an initial inspection before moving out?

Customer: replied 1 year ago.
the landlord had a management co that misrepresented the house, this co had one employee and the law is after her for theft of hundreds of thousands of dollars. check her out her name is ***** ***** from la quinta. the news did a expose on her. she is now where to be found. they have withheld money for damages that were already there. i am not even sure i was paying the rt rent, i think she was pocketing some of the 1800.00 mo rent. the landlord all of a sudden would not return my calls because he sold house and does not want any part of the problem. i was not able to see pre insection documentation when house sold. i was there when they came and he came and went in 10 min. its not alot of money but its the point of the new landlord trying to get house repaired on my dime. what can i do,.
Customer: replied 1 year ago.
the lease has no mention of the house being on the market
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

It does not appear from the facts that you have a claim regarding the house being on the market if you signed a one year lease and the new landlord just declined to renew the lease when it expired. That is their right, so long as the refusal to renew was not based upon your race, religion, ethnicity, etc. Otherwise, there is no general legal obligation to renew a lease.

As for the security deposit, you should sue the landlord in small claims court for the return of any deduction which was wrongfully assessed against you. If you prevail you could be awarded punitive damages and your attorney fees.

Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

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