Q: Is it a breach of contract if Truhold.com didn't make promised repairs?
I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been fixed, including major repairs like a garbage disposal. Despite the lease ending on January 31st, they asked me to vacate, but I'm refusing to leave due to unmet repair promises. There were no stipulations or penalties outlined for their failure to perform repairs. Could this be considered a breach of contract?
A:
If you want an legal opinion on whether a landlord has breached a written contract, I suggest you hire a local landlord-tenant attorney to read the lease and provide a consultation.
Assuming they breached the contract, however, you could sue for damages incurred. If the lease has ended and you refuse to vacate, expect to get sued and lose.
Best wishes in avoiding litigation.
Robert Grant Pennell agrees with this answer
A:
You were obligated to leave at the end of January regardless. You are exposing yourself to significant costs per the Unlawful Detainer statute, which makes you liable to Truhold.com for twice the fair market rent of the property. Compare that with the likely minimal amount you might recover in a lawsuit for their failure to make the repairs.
Do yourself a favor and vacate the premises promptly before Truhold.com files suit and you find no one willing to lease to you because you have a landlord-tenant suit showing up on casenet.
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