Q: The lease effective on May 26 2018, I never move in yet, can I sue landlord to get money back from a small claim court ?
I informed landlord on March 29 2018 that I cannot move in to her house and need to terminate the agreement and asking for reasonable amount of money back from the entire money I paid her in advance on March 12 2018 in a total of 4470.96 usd splitting into 1400 usd for security deposit, 1400 usd for June 2018, 1400 usd for May 2019 and 270.96 usd for 6 days in May from 26 to 31. I never see landlord rerent or advertise the house since March 29, 2018. She refused to let me find sub-lease and told me she will file eviction on me starting from July 2018 if I dont continue to pay her the rent. Last time she said if I want to terminate the lease I can only get 1400 security deposit back and If i agree I need to sign on a paper that her agent is going to write it out. Should I sue her in a small claim court to get all money back? How likely is my chance to be judged in a favor and will the result of the small claim court terminate my lease with her? ( using small claim court for money only)
A: If you and landlord both signed the lease, then it would be a valid contract. Even if you don't move in, you would have the legal obligation to pay rent, unless there is an early termination provision. If not, then you would not be entitled to any return of money from landlord, unless landlord breached the lease and refused to allow you to move in. You could sue in small claims court if you have some legal basis for termination. Use the Find a Lawyer tab to consult a local attorney who can review the lease and all the facts, and advise you if you have a valid claims.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
