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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 40938
Experience:  30 years of real estate practice experience.
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I discussed with you about contract to lease agreement

Customer Question

Hello,I discussed with you about contract to lease agreement breaking by the tenant before moving in and I didnt take off the ad from the market after the contract. Tenant replied like this:
"Please let me know what the status is regarding deposit. Our client could not have caused any harm to your client as this was never taken off active status despite being under contract. Our counsel advises that we have grounds for the return of funds.
They would likely be willing to surrender ½ their deposit peacefully or they will fight for full return of 100% of their funds. Both parties will incur costs to do so. Let’s help both parties resolve this amicably"
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

It is up to you. A lease is valid and binding from the moment it is signed. Regardless of whether it was still being marketed, you had a valid lease and could not have entered into a new lease without a release of the original lease.

So, the fact that the ad was still running is irrelevant to the enforceability of the lease.

You can settle with them if you want, but you are entitled to enforce the lease signed by the tenants.

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Expert:  Loren replied 1 year ago.

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Thank you!