Breach of Contract

[Laurenj223]

Hello~

I feel that my landlord is in Breach of Contract. I believe it is actually the management company that we are renting or home from, which is listed on the contract. Basically, We signed a year lease in Dec. of 2006. Under the Special Provisions section: We requested that the front yard be landscaped, currently its just desert and tumble weeds. The provision states exactly: Front desert landscaping will be installed by February 28th, 2007. Of course it is June and nothing has happend. Neighbors are complaining to us about the appearence and it does attract insects. Do we have any legal rights here, would we win a case, or just win like $500 dollars..... any suggestion. If they wont fix it, then I would like to end my contract and move out if I have the right to, since I feel there is a breach. Its mostly just the fact that they are trying to get away with not doing anythng, and I am sick of hearing people complain, when its not my yard. I can only maintain dirt so much. Oh, by the way, the owner claims he never agreed to putting in the landscaping, so its he said she said, but not my fault he didnt read the contract. Please help
Thanks in advance.
Lauren

 

[Laurenj223]

opps

Opps.... I didnt realize there was a landord-tenant forum, sorry...... but I wouldnt mind suing the bastards so lets pretend its small claims

 

[seniorjudge]

Do you, in fact, have a contract signed by both parties?

If so, tell us EXACTLY what it says?


(BTW, what state are you in. I went to Albuquerque, New Mexico, and saw some fancy houses in a high class neighborhood with desert landscaping. Looked pretty tragic to me.)

 

[Laurenj223]

To be Cont.

I live in El Paso, Texas. The contract is written exactly how I wrote it earlier, its under Special Provisions: .... its not under Move-in-Condition. It is signed by my husband and the mgt company.... however, I noticed today that she did not put the date next to her name.... I dont know if that matters. Maybe you should know too, that the origional contract was with a company called Rental Consultants, and then they gave all there properties to Century 21. So now I send my checks to Century 21, even though the contract is written with Rental Consultants. Its confusing.... no one is accepting responsibility for anything.... they are just brushing us under the rug. Did I also mention it took a few months to get them to install a working deadbolt on th back door, and connect the air conditiong.... they are such a worthless company.... sorry to vent

Lauren

 

[seniorjudge]

Sue them all in small claims court for the direct and actual dollar amount of your loss.

 

[Laurenj223]

Thanks for reviewing my issue..... with your experience, how would I go about gathering an appropriate dollar amount? Should I figure a percentage of each months rent, where I didnt have landscaping, a dead bolt, and air conditiong... even though the AC wasnt needed in the winter, I was technically paying for the amenity right? And what percent is appropriate.... sorry never sued anyone before...

Thanks again