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RE: [infoguys-list] Legal Question: Landlord tenant dispute, specifically lease details.

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  • Jim Parker
    Jim, Verbal agreements can t generally be used to override written agreements. When two conflicting agreements exist, one oral and one written, the written one
    Message 1 of 2 , Nov 5, 2007

      Verbal agreements can't generally be used to override written agreements.
      When two conflicting agreements exist, one oral and one written, the written
      one almost always prevails.

      Your security deposit is a different matter though, and your state may have
      statutory rules as to how and when her deposit should be returned, depending
      on reasonable deductions for damages (excluding normal wear and tear) or

      Did she do a "walk-through" before she initially took possession of the
      property? Did she take pictures then and list any defects that existed at
      the time?

      she obviously has pictures now, and although she might not have anything to
      compare them to (if she didn't do the initial walk-through) she should be
      able to easily demonstrate that the property was not significantly damaged
      during her tenancy and that the property was left in "rentable" condition.

      By the sounds of it, she probably has a better-than-average case, as it
      would be difficult for the landlord to demonstrate any financial loss that
      her security deposit would be required to cover.

      Then again, if her lease explicitly states that early termination will
      result in loss of her security deposit, then she's probably out of luck,
      regardless of what verbal agreement she reached with the landlord



      Axis Investigative Services, Inc.
      Florida License #: A-2000163

      -----Original Message-----
      From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
      On Behalf Of xrochester
      Sent: Monday, November 05, 2007 8:09 AM
      To: infoguys-list@yahoogroups.com
      Subject: [infoguys-list] Legal Question: Landlord tenant dispute,
      specifically lease details.

      First of all, I apologize if this is not the appropriate forum in which to
      post this question. If
      so, then please just disregard and/or please point me in the right

      Here's my question:

      My girlfriend recently had to relocate to another city and break her lease
      in the process.
      Her landlord gave her a verbal OK to do this, with the caveat that she may
      be liable to pay
      the rent until such time as the unit was re-rented, as specified in the

      However, the landlord also agreed to allow us to essentially re-rent the
      unit. He indicated
      that he was happy to do this since it would save the cost of a real estate
      agent to re-rent
      the unit, as the cost for this service is typically one month's rent. The
      landlord would of
      course have to approve any new renter we found based on their employment
      references, etc.

      As a result, and at some time and expense to us, we took gorgeous
      professional pictures
      of the unit, built a Web page to advertise it, and placed ads in the local
      newspaper (as well
      as Craigslist and other places), and showed it to prospective tenants.

      To make a long story short, we found numerous qualified tenants based on the
      strength of
      our advertising efforts and he signed a lease with a new tenant with no
      lapse in rent.

      But here's my problem: he kept her $1,500 security deposit. We were led down
      the path of
      believing that we would avoid any costs by renting it ourselves. He agreed
      to allow us to
      do that although we didn't get it in writing. By not telling us that he was
      going to keep the
      security, and willingly accepting all the work we did to re-rent the unit, I
      feel this
      amounted to being unjustly enriched. In addition, since he agreed to let us
      out of the lease
      if we re-rented it, he shouldn't have kept our security.

      Do you agree? Do we have a case in attempting to recover the security

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