EPTIf the terms of the contract in not enforceable (because they break the law) then the contract is not valid, if i were you I would be looking into that.
Anyone a Lawyer? Help me out? - Page 2
| Blogs > lantz |
|
haduken
Australia8267 Posts
If the terms of the contract in not enforceable (because they break the law) then the contract is not valid, if i were you I would be looking into that. | ||
|
numLoCK
Canada1416 Posts
| ||
|
Teker
United States15 Posts
| ||
|
lantz
United States762 Posts
On March 07 2014 22:11 Teker wrote: You should get in the habit of reading contracts before you sign them. EDIT: Sorry got kinda offended. I am a Penn senior applying to phd programs in Econ. I'm just trying to say I'm not an idiot and signed without reading. (although my reading skills not up to date because of all the math classes I've taken  ) I read the contract. Pointed to the part where it said break-out clause and asked her to clarify what it entailed. I asked her what it meant to clarify and she told me something wrong and even gave me an example. Then I said it was worded a bit differently but she said she explained it correctly. Yes, I will be more careful in the future to trust people who are supposed to know their job... but my question pertains to what my options are with this specific incident. | ||
|
Deleted User 123474
292 Posts
On March 07 2014 23:46 lantz wrote: You should get in a habit of reading the blog before commenting. LOL. Also, people saying to read contracts before signing haven't tried it for very long. I successfully did that for like six months, but then I came across a software product with 1120 pages of no-paragraph legalese EULA. Then I realized there's no way to actually do that sort of thing consistently. You quite literally do not have the time to do so. It's a different thing for housing arrangements, maybe (no experience with that yet!) but I doubt it. You have to just look at the broad strokes of the agreement and hope that the rest is okay. Looks to me that you're screwed by the liar, but I'm not a lawyer. | ||
|
ZerglingSoup
United States346 Posts
Honestly, i would pay the $550 and see if they come after you. You might have a chance in small claims court with that audio recording. At least make them work for it. The degree from UPenn should soon compensate for any potential hit to your credit rating.  | ||
|
QuanticHawk
United States32140 Posts
seeing as you dont have experience with it, maybe you shouldnt comment? i am still confused op. what does your signed lease say about breaking it early? | ||
|
lantz
United States762 Posts
This is what her email said the day after: As I explained there will be a Lease break fee for $500, and then each month left on the lease (from the day you leave) there is a re-rental cost circa $24/month. These costs are in addition to your monthly rent On the lease, it was worded in 1 sentence and not as clear as that. Also logically this makes absolutely no sense. Why wouldn't I just leave the apartment there with no one in it and pay the additional rent instead of paying a fee on top of the additional rent. So a part of me believed her because what she said originally sounded reasonable Anyways, I have a hard ass math test in a few days so I might just accept that you get screwed in life since these comments sound grim. I just thought there was a law that said you can't lie to the person to get them to sign. Otherwise the lease is void. | ||
|
lantz
United States762 Posts
On March 07 2014 07:57 xDaunt wrote: I'm a lawyer -- albeit a Colorado lawyer. What does the contract say? If it says that you have pay the larger penalty (ie you didn't read it before signing it), you may have some problems. If this ends up in front of a Court, you could plead "mistake," arguing that it was the intent of the parties that you be subject to the lesser penalty and that the Court should reform the contract to reflect that reality. As for your tape recording, I don't know about Pennsylvania law, but some states place restrictions on one's ability to surreptitiously record conversations. If Pennsylvania has such a law, you may not be allowed to use your tape recording as evidence in Court, in which case you're probably screwed. Pennsylvania may also have some special tenants rights laws that will afford you extra protections. You'd have to chat with a Pennsylvania lawyer to be sure, which I absolutely recommend that you do. Try to find a pro bono outfit that can offer you some legal advice. Thanks for posting this. | ||
BigFan
TLADT24920 Posts
| ||
|
QuanticHawk
United States32140 Posts
| ||
|
Plansix
United States60190 Posts
On March 07 2014 23:57 ZerglingSoup wrote: I hate renting here.. Honestly, i would pay the $550 and see if they come after you. You might have a chance in small claims court with that audio recording. At least make them work for it. The degree from UPenn should soon compensate for any potential hit to your credit rating. I'm with this guy. Although you are locked in, they might not come after you if they can get a new tenant in there fast enough. The rent money is money they would lose for those two month. They can't really coke offer you for it if they are renting out the unit to someone else(well they could, but the judge might not look kindly on trying to double dip). At the end of the day, the clause is there for people who suddenly break their lease with little warning. Your best bet is to tell them you plan to leave and to talk to them about getting a tenant for those two months. More effort you put into trying to fix the problem, the better it is for you. | ||
|
lantz
United States762 Posts
On March 08 2014 02:30 QuanticHawk wrote: before you go plan on subletting, see that a) it is legal and b) that your lease allows you to. Thanks, I will keep that in mind. When I read it, I believe the lease says it does not allow me to. It's tough negotiating/working with larger management companies because they are not very flexible and have an ironclad lease.. | ||
|
numLoCK
Canada1416 Posts
On March 08 2014 00:05 lantz wrote: sigh, I appreciate all these responses but now I know what the lease says and it wasn't worded very clearly. Since I'm not a lawyer or have any legal experience, I asked her to clarify what the break fee was because I didn't want to assume I was reading it correct... it is my first time. This is what her email said the day after: As I explained there will be a Lease break fee for $500, and then each month left on the lease (from the day you leave) there is a re-rental cost circa $24/month. These costs are in addition to your monthly rent On the lease, it was worded in 1 sentence and not as clear as that. Also logically this makes absolutely no sense. Why wouldn't I just leave the apartment there with no one in it and pay the additional rent instead of paying a fee on top of the additional rent. So a part of me believed her because what she said originally sounded reasonable Anyways, I have a hard ass math test in a few days so I might just accept that you get screwed in life since these comments sound grim. I just thought there was a law that said you can't lie to the person to get them to sign. Otherwise the lease is void. Well the law does say that you can't lie to the person to get them to sign. But law is much more complex than that. In this case the misrepresentation was not fraudulent. That makes things much tougher for you. But even in cases of innocent misrepresentation you might have remedy available. I don't know the law where you are, but your case doesn't sound that bad. I would still try to talk to someone. In the end though, its unlikely that legal action would be worth it. But knowing the law might help you negotiate a modification. | ||
tofucake
Hyrule19216 Posts
That having been said, here's what I know: Most courts won't enforce any punitive fees and would only hold you responsible for remaining rental costs Landlords/rental companies are expected to mitigate monetary loss by finding a replacement tenant ASAP http://wisephiladelphialawyer.com/ I've seen recommended a few times. They'll at least answer questions about cost. Usually hiring a lawyer for small claims like these is cheaper than paying fine and such...as long as you win. You are entitled to a copy of your lease. If the rental company/landlord whatever won't give one to you, get a lawyer and sue their asses. If you have a confusingly/poorly worded lease (not just legalese, but actually confusing), you might be able to get out of it without paying anything. | ||
|
lantz
United States762 Posts
It is also too time consuming to do anything about it. Therefore, I will bend over. | ||
|
tofucake
Hyrule19216 Posts
congrats for ruining it for the rest of us | ||
|
farvacola
United States18858 Posts
| ||
|
CecilSunkure
United States2829 Posts
Also who cares if a lease says you can't sublet... My lease says I can't have a cat, and yet here I am petting my cat. They can't legally inspect your residence without prior 2 days notice here where I live, and I'm sure there's something similar for you. | ||
|
lantz
United States762 Posts
1 wanted 250$ an hour and wanted me to come in right away without hearing my case (clearly wanted money) the second one wanted 325$ an hour and gave me some free phone advice but still wanted me to come in asap. Told me it was illegal to record people without permission. So basically, I have no evidence. After speaking with them, I rather not get "scammed" by them because it could take multiple hours of work on their part and cost me a ton and I still might lose the case. I did check with my school for free legal advice and they referred me to the community legal services or something. I don't have time to sort through the details tho since my midterm is coming up. So I didn't exactly "give up" since I did try most of my options. Also I will take Cecil advice and try to sublet it even tho it says you cannot. It's hard for them to prove you are subletting anyway. | ||
| ||
