Re: Real Estate Law - Condo Rentals


"richard" <don@xxxxxxxx> wrote in message
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"Taylor" <123@xxxxxxx> wrote in message
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<NiftyPat@xxxxxxxxx> wrote in message
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Hi all,

I'm in a bit of a bind, and I need some advice.

I'm moving to northern Virginia this week from New Jersey in
preparation for a new job. I decided to rent an apartment/condo for a
few years until I have enough money saved up for a house. I found an ad
on Craig's List from a woman renting a condo in a brand new building.
To make a long story short, I took the condo she was offering and sent
her a security deposit of $1200 (one month's rent). This all happened
within the span of the last 2 weeks. I received a phone call from her
today informing me that my condo is not ready (as I said, it's a new
building). She and her husband have not closed yet on the condo, when
she told me that they were supposed to close last weekend. She also
advertised, and told me on the phone, that the condo would be ready for
September 1. The main problem is, I was supposed to move in this
Friday, 2 days from now. My furniture and possessions are already on
their way to northern Virginia via a moving company.

While explaining my dilemma to a friend, he told me that by law, she
owes me at least double the down payment (he said the amount varies by
state). Is this true? Do I have any recourse?

I have not signed a contract or lease yet. We planned on doing the
paperwork when I arrived on Friday, but we obviously had a verbal
agreement.

So for now, I may not have a place to live. If the situation changes,
fine... then it was only an inconvenience for a few days. But if I
cannot move into the condo because they haven't closed yet, as I said,
do I have any recourse?

Thanks.

Pat


Generally, contracts regarding renting property must be in writing.
However, since you already sent some money, the oral contract can be
enforced. The terms of the contract were that you were to begin
occupancy on September 1. The landlord is in breach of this term. Also,
the landlord rented you a property to which she had no title. This is
fraud.

You may rent another apartment and sue the landlords for damages: any
extra money it cost you (excess rent, storage fees, etc.) . You may also
recover punitive damages for fraud.


Why sue and get your new landlord all ticked off at you on day one?
All that needs to be done is, the renter finds temporary housing,
contacting the landlord, and explaining that the money used for the
temporary housing will be applied towards the monthly rent of the condo.

Fraud would only come in when there is no actual place to rent. Or what
you were told you are getting is anything but.
You rent out a condo that you don't have any legal rights to yet, sounds
like fraud!


.

Relevant Pages

  • Re: Real Estate Law - Condo Rentals
    ... To make a long story short, I took the condo she was offering and sent ... her a security deposit of $1200 (one month's rent). ... I have not signed a contract or lease yet. ... also recover punitive damages for fraud. ...
    (misc.legal)
  • Re: Real Estate Law - Condo Rentals
    ... To make a long story short, I took the condo she was offering and sent ... her a security deposit of $1200 (one month's rent). ... I have not signed a contract or lease yet. ... also recover punitive damages for fraud. ...
    (misc.legal)
  • Re: Real Estate Law - Condo Rentals
    ... To make a long story short, I took the condo she was offering and sent ... her a security deposit of $1200 (one month's rent). ... I have not signed a contract or lease yet. ... The landlord is in breach of this term. ...
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