The information was conveyed when unplanned meeting with landlord, who currently resides three blocks away, occurred around 8pm on Wednesday May 30th 2012 (move in scheduled for June 1st 2012)while trying to provide the remainder of security deposit and rent, total of $4200.00, in cash. Landlord provided no reason for terminating the lease. Looking to seek damages in regards to unjust termination of lease. Informed landlord of intent to seek damages to be settled at or to pursue in court. When requesting that the partial deposit be reimbursed immediately a check was provided for the $1000 submitted by tenants; at which point the landlord verbally assaulted the tenant and threatened with a brother's law firm.
Probably not. Obviously, there is perhaps more to this story than you can put on this public forum, but it does appear you have a case against this landlord for breach of contract.
It is not clear when you entered into the lease, nor what monetary damages you actually sustained.
I am also not sure why you were attempting to pay in cash.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
There is a case Hadley v. Baxendale which dictates that knowledge of your damages, incidentals, etc. should have been transmitted to the other party. In Hadley, a millwright was hired to work on a mill wheel. The miller told the millwright exactly how much money he would lose if the repair was not done in 3 days. Millwright was late by several days. Miller won BECAUSE millwright was told what the results of the breach would be.
An important question here is whether you communicated to the landlord your expenses/damages or costs of losing the rental would be.
Lease was signed?
Document your out of pocket & cover..
If not communicated to other party, judge will see if its reasonable.
You also didn't say how far in advance the leased was obtained. February? or Tuesday?
Find a Landlord/ Tenant attorney and bring everything to him/her.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
Based on your description, is it possible that the landlord felt you breached? You say you were trying to provide the remainder of the deposit and rent. Was there a deadline for you to provide that money. Perhaps you missed it.
If not, then you may have an action for breach of contract against the landlord, but I am not sure what your damages would be.
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