QUESTION
Pressured into a rental lease, never moved into property due to conditions and landlord/tenant relationship. What are my options?
Asked on Jul 10th, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
Viewed a property with tenants still in, and decided it was nice at the time and wanted to rent. Went on vacation, was told the house will be rented if we don't sign a lease, was asked to sign a lease and fax it. Weeks later tenant moves out and keys are given with move-in condition. House is broken up with holes, water damage, and some pretty unsavory conditions. Landlord does not offer a lease break settlement and will continue to charge us for rent in a home we do not occupy. Landlord is individual and LLC, and also personally owns the property. Several pictures and a written statement from a few witnesses can be produced for any reason. We really just want out of this lease having lost 1 months rent and no damage to our name/credit.
1 ANSWER
3 Awards
Your situation may be more complex than can be handled here on email.
Since you signed the lease you have an obligation. However, that obligation may be overcome if the property provided is not substantially the same as the property you were shown. Also, it sounds as though you may have some warranty of habitability issues which would allow you to break the lease an not be held responsible for the future rent or damages. Generally, unless your lease specifically allows for future rent your landlord cannot charge you rent for the remainder of the lease after you abandon. Even if the lease does allow for future rent your landlord has a duty to mitigate damages by attempting to relet the property as soon as possible.
I recommend contacting an attorney to review the specific facts of your case. If you are along the front range, I offer a free initial consultation.
Don Eby
303-688-0944
Answered on Jul 10th, 2013 at 6:21 PM
Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.