A Renters Nightmare - Do Not Let This Happen To You!

My rental horror story is of a rental lease agreement’s breach of contract and later found to be null and void. Therefore, Back in March of 2003, I was approached by some customers of mine that they had a farm house for rent and needed a roommate for the owner’s sister. They invited me and my then 3 ½ year old daughter to move in ASAP. Therefore, I made the necessary arrangements and gave my current landlord the necessary 30 days notice. Then I had a meeting at their house to sign the 1 year lease. However, this is when the breaches of the contract started to appear. A Breach of contract is

If one side fails to stick to her/her/its part of the bargain, there is a breach. A breach occurs when: one party to a contract makes it impossible for the other parties to the contract to perform; a party to the contract does something against the intent of the contract; or a party absolutely refuses to perform the contract. (Freeadvice.com, 2009)

So, when I went into the house to move my belongings in, I was told that the room I was given would be given to be the owners sister. Also; that her 5 dogs and 8 cats were to be allowed to roam free. Furthermore, my daughter’s room was to be changed as well. Therefore, my daughter’s room went from a 75 x 50 square room to an unfinished 20 x 30 square foot room. However, none of the above was in writing and I had already given up my previous house, so what was I to do. Furthermore, I thought that I had no real legal leg to stand on.

Therefore, I allowed things to unfold during the course of the next few months, and I am glad I did, because the owner’s sister moved out by September of 2003. However, I am now stuck in a home that requires a roommate and the landlord asked me to choose a roommate or he would choose one for me. Moreover, if I couldn’t find a roommate by October I would have to take over the full $800.00 in rent plus all utilities and sign a new lease agreement. Therefore, at this point I had it and decided to look at my original lease agreement. Behold, to my surprise the original lease was null and void, because the dates on the lease agreement were backwards. Furthermore, it stated to be leased from April 14, 2004 and to end upon April 14, 2003. Therefore, the landlord in her haste to get the contract signed before I pulled out of the agreement did not look it over very well nor did she get it notarized. Therefore, the contract was null and void.

Moreover, I did not bring this up to the landlord attention. I simply looked for an affordable apartment and had my family to assist me in moving out.  Furthermore, because the contract had been null and void from the start I was under no obligation to adhere to the leases terms.

If the tenant wants to end the legal agreement with the landlord, and has a written lease for a specific period of time, it must be read carefully to determine if and how it may be terminated before it ends. If the requirements of the lease are followed, there will be no legal obligation to pay rent after the tenant moves. (Uslegal Definitions, 2009).

However, when I did move out and vacated the premises the landlord just happened to be passing buy and was outraged. Furthermore, they took out a warrant for my arrest because they stated that I took some of their property. However, per the investigation, their claims were unfounded because one key operated all of the locks, and although they changed the lock to the front and back door they forgot to change the key to their storage shed which contained valuable antiques. Furthermore, I was told that I could have sued for fraud and gross misrepresentation. However,  I chose not to because they were very vindictive people and lived only two blocks away from my parent’s house. Moreover, they had put me through a very bad time already and I just wanted to move on with my life and be done with this whole matter.

Therefore, hindsight is 20/20 and if I had it to do all over I would not. However, the above experience has leaded me to be wiser and smarter in the future. Moreover, I scrutinize all contracts, I get everything in writing, and I make sure all terms are specifically spelled out and initialized.  Therefore, I am thankful that the rental lease agreement breached the contract and was later found to be null and void.

References

Freeadvice.com. (2009). Contract Law.  (2009). Retrieved. August 10, 2009, from

http://law.freeadvice.com/general_practice/contract_law/breach_contract.htm

Uslegal Definitions. (2009). Landlord Tenant Breach Law & Legal Definition. Retrieved.

 August10, 2009, from

http://definitions.uslegal.com/l/landlord-tenant-breach/        


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Article(C)2009 - 2010 cluense, all rights reserved. Cluense creates articles and posts online. She creates articles on, accounting, entrepreneur, political issues, small business, society, relationships, taxes, work from home businesses, and Tutorials. She also has a strong passion for writing.


 

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Comments 7 comments

jim10 profile image

jim10 7 years ago from ma

Sounds like horrible landlords. They weren't even honest. We were lucky finding great landlords when we were renting a few years ago. they were great. They had 2 kids that got along great with our boys. Whenever anything needed to be fixed they were right on it. I regret never inviting them over for dinner. But, we did always invite them to the kids birthdays and they did the same.


jiberish profile image

jiberish 7 years ago from florida

Private landlords can be a horror. This was great info!


emievil profile image

emievil 7 years ago from Philippines

Oh wow. Good thing you got out of there when you can. Some things the private landlords can do, jeeezzz. I'm glad my landlady is a kind person and treats me like a daughter (because my mother and she are friends). But if I ever get a landlord such as this, I'll be out in a jiffy.


elisabethkcmo profile image

elisabethkcmo 7 years ago from Just East of Oz

this is very helpful info, I have a daughter that is thinking about renting, I'll have her read this!


habee profile image

habee 7 years ago from Georgia

Ugh. That was a nightmare! Sorry you had to go through it.


tparkin68 5 years ago

Its either rent and roll the dice..or buy. I found this article to be a good resource with some good info http://www.sundaybell.com/classroom/to-rent-or-to-...


cluense profile image

cluense 5 years ago from Cartersville, GA Author

Thank you! I enjoyed your link as well! Cluense

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