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Re: [infoguys-list] Legal Question: Landlord tenant dispute, specifically lea...

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  • Slipinn@aol.com
    Anyone can bring a case at law, but whether you can win or not is a different question Jim. The bad aspect of your case, is nothing is in writing. It may be
    Message 1 of 3 , Nov 5, 2007
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      Anyone can bring a case at law, but whether you can win or not is a
      different question Jim. The bad aspect of your case, is nothing is in writing. It may
      be a he said-she said case unless you have independent witness''s to your
      agreement.

      I am not sure what State you are in but you may want to look up the
      Landlord- Tenant act in your State to see if it address's this issue.

      I know in Florida, that if a Landlord intends on keeping your security
      deposit they must send a registered letter within ten days. If they fail to do
      that, they often loose the case.

      None of this is considered to be legal advise and always consult a Lawrer
      for questions of law.

      Best regards,

      Chuck Chambers
      Author of "The Private Investigators Handbook"
      Florida Association of Private Investigators
      Charter member-FAPI
      West Area Director-FAPI
      2007 outstanding service award-FAPI
      Past member of- WAD, NALI,FALI,NAIS,ASIS,CII,NCISS
      Florida Lic. A-0001959

      Chambers Investigations
      606 49th st w
      Bradenton Florida 34209
      941-798-3804
      _www.Chambersagency.com_ (http://www.Chambersagency.com)






      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
      direction.

      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
      lease.

      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
      situation,
      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
      deposit?

      Thanks,
      Jim










      ************************************** See what's new at http://www.aol.com


      [Non-text portions of this message have been removed]
    • Slipinn@aol.com
      Anyone can bring a case at law, but whether you can win or not is a different question Jim. The bad aspect of your case, is nothing is in writing. It may be
      Message 2 of 3 , Nov 5, 2007
      • 0 Attachment
        Anyone can bring a case at law, but whether you can win or not is a
        different question Jim. The bad aspect of your case, is nothing is in writing. It may
        be a he said-she said case unless you have independent witness''s to your
        agreement.

        I am not sure what State you are in but you may want to look up the
        Landlord- Tenant act in your State to see if it address's this issue.

        I know in Florida, that if a Landlord intends on keeping your security
        deposit they must send a registered letter within ten days. If they fail to do
        that, they often loose the case.

        None of this is considered to be legal advise and always consult a Lawrer
        for questions of law.

        Best regards,

        Chuck Chambers
        Author of "The Private Investigators Handbook"
        Florida Association of Private Investigators
        Charter member-FAPI
        West Area Director-FAPI
        2007 outstanding service award-FAPI
        Past member of- WAD, NALI,FALI,NAIS,ASIS,CII,NCISS
        Florida Lic. A-0001959

        Chambers Investigations
        606 49th st w
        Bradenton Florida 34209
        941-798-3804
        _www.Chambersagency.com_ (http://www.chambersagency.com/)





        In a message dated 11/5/2007 10:28:57 A.M. Eastern Standard Time,
        xrochester@... writes:




        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
        direction.

        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
        lease.

        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
        situation,
        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
        deposit?

        Thanks,
        Jim











        ************************************** See what's new at http://www.aol.com


        [Non-text portions of this message have been removed]
      • xrochester
        Chuck and Jim - Thanks for the responses. FYI, I m in New York State and we re attempting to determine if there are any specific provisions in New York law
        Message 3 of 3 , Nov 5, 2007
        • 0 Attachment
          Chuck and Jim - Thanks for the responses.

          FYI, I'm in New York State and we're attempting to determine if there are any specific
          provisions in New York law that would require the landlord to give us written notice as you
          mention below.

          Just in case you're interested, here are the photos of the home:

          http://rochesternet.com/4rent/


          --- In infoguys-list@yahoogroups.com, Slipinn@... wrote:
          >
          >
          >
          > Anyone can bring a case at law, but whether you can win or not is a
          > different question Jim. The bad aspect of your case, is nothing is in writing. It may
          > be a he said-she said case unless you have independent witness''s to your
          > agreement.
          >
          > I am not sure what State you are in but you may want to look up the
          > Landlord- Tenant act in your State to see if it address's this issue.
          >
          > I know in Florida, that if a Landlord intends on keeping your security
          > deposit they must send a registered letter within ten days. If they fail to do
          > that, they often loose the case.
          >
          > None of this is considered to be legal advise and always consult a Lawrer
          > for questions of law.
          >
          > Best regards,
          >
          > Chuck Chambers
          > Author of "The Private Investigators Handbook"
          > Florida Association of Private Investigators
          > Charter member-FAPI
          > West Area Director-FAPI
          > 2007 outstanding service award-FAPI
          > Past member of- WAD, NALI,FALI,NAIS,ASIS,CII,NCISS
          > Florida Lic. A-0001959
          >
          > Chambers Investigations
          > 606 49th st w
          > Bradenton Florida 34209
          > 941-798-3804
          > _www.Chambersagency.com_ (http://www.Chambersagency.com)
          >
          >
          >
          >
          >
          >
          > 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
          > direction.
          >
          > 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
          > lease.
          >
          > 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
          > situation,
          > 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
          > deposit?
          >
          > Thanks,
          > Jim
          >
          >
          >
          >
          >
          >
          >
          >
          >
          >
          > ************************************** See what's new at http://www.aol.com
          >
          >
          > [Non-text portions of this message have been removed]
          >
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