If I go to small claims court because my landlord breached my lease on the day I was supposed to move in and the lease was binding, as long as I have proof of damages is there anyway to lose given there’s no clause in the lease.
Basically the lease is one of those print online leases it has like 14 bullet points, it’s so general and none of the terms void his contractual responsibility.
My landlord breached my lease because he waited until the VERY last minute to find out his mortgage company will not allow him to make his primary residence a rental property. Something along the lines of him not meeting the requirements as part of a modification process some BS. So I’m set to move in and I get a email on move in day saying I’m sorry we’re going to have to void the lease you can’t move in, I was given 0 days notice and am staying in hotels currently none of which he’s paying for.
The max in my small claims court is 3k, I would be going for the max. I wouldn’t even start the process until I have a new lease in place. Basically I had a really good deal on the breached lease for 600 a month 2br 2bath utilities included. It’s not possible to find similar living conditions for that price on the breached lease. I’m willing to downgrade to a 1br but it’s going to cost like $750 plus utilities basically about 300 more a month that I would have been paying. As I understand in the event of a valid breach the rent differential in your new lease as opposed to the old lease is the responsiblity of the landlord (I’m in NJ we have strong tenant rights). Even though with storage, moving expenses, temporary living, and the rent differential I’m going to pay well over 3k (max I can sue for in NJ small claims).
I think this should be open and shut but I’m wondering if you guys see any potential flaws in my plan. I would go to court and show the judge my new lease for a year and my old lease and monthly utilties and be able to concretely prove the rent differential, temporary living expenses are given I understand.
The only legal question I would have honestly he never had permission to enter a legally binding contract until he had approval from his mortgage company. I’m worried he might try and use that in court to invalidate the lease all together. Then again, if he does try that now he’s liable to sued for fraud, and using the defense I mentioned would incriminate himself. I understand there’s no loophole for a landlord to get out of a breach it would either be breach or fraud but there’s no way legal loophole that will allow a landlord to breach a contract on move in day with my belongings practically on his door step.
Naturally the lease says to amend or terminate this lease 30 days must be given and the lease is so vague it’s funny there’s nothing covering his end here in the lease.
Does this sound open and shut and I should win the max of 3k in court as long as I can have proper documentation proving damages? My main documentation being a new 1 yr lease showing the differential I will have to pay in rent and utilities for the year (much higher then 3k).
Also I should mention the lease was in place for 3 months and I had paid first months rent and security at that time which I still haven’t gotten back yet. Lease voided on the June 15th, apparently he’s sending my security back today certified mail.
He had 3 months to find out his mortgage company wasn’t going to allow this. Rather he waited until the very last minute and tells me nothing other then sending an email on my move in day telling me he has to void the lease.
Basically I’m in this situation due to his gross negligence to act.
As I understand as soon as he found out he was in an illegal contract he should have voided it, but he didn’t he says he was optimistic he would get approval by my move in day. He didn’t even begin to tell me any of this until I was about to move in on the 15th.
Jacee, I have to pay like an extra 5-7 grand for my living expenses for this upcoming year due to this breach on move in day.
As I understand the differential in the new lease the landlord is responsible for… who should have to pay for this ME given he gave me 0 days notice to look for a new place… that’s absurd.
It is his fault for not telling me any of this, once he knew he was in an illegal contract it was his obligation to void it… he didn’t nor did he tell me the situation.. rather he waited until the day I’m moving in to tell me everything and breach the contract.
If you breach a contract you get sued. Wouldn’t it be great if you could just breach contract and not have to pay for damages. Landlords always try and defend other landlords negligence unfounded or not. You break a legally binding contract and I can’t find similar living conditions, you pay the price.
He had reason to believe they would allow him to enter the contract. Which is why he didn’t tell me anything until the move in day. Since he had reason to believe this would work I understand that still makes me lease binding.