Breack of Contract?

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ms4composure

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i have a question about our lease with an old landlord. we were suppose to move into the property june 1st but we did not move in until aug 20!! she still charged us rent for the months we were not in our apt. the lease states that we will move in june 1st (and we had to hunt her down to find out that we could not move in until later in aug.). we did not sign a new lease or revise it. is this breach of contract? also, the wrong addess is on the lease...

the real problem is she is trying to take ALL of our deposit. we had no damage to the property. we made a verbal agreement to pay rent on the 15th of each month since we did not move in until the 20th (but the lease does state that we pay on the first of each month). sheis trying to charge us $2800 for 12 months of service/late fees even though she made an agreement that we could pay rent on the $15th!! i have gone to the bank and printed off all of the checks i wrote to her and they are all dated on or before the 15th of each month.

if we choose to take her to small claims court will we win?
 
ms4composure said:
i have a question about our lease with an old landlord. we were suppose to move into the property june 1st but we did not move in until aug 20!! she still charged us rent for the months we were not in our apt. the lease states that we will move in june 1st (and we had to hunt her down to find out that we could not move in until later in aug.). we did not sign a new lease or revise it. is this breach of contract? also, the wrong addess is on the lease...

the real problem is she is trying to take ALL of our deposit. we had no damage to the property. we made a verbal agreement to pay rent on the 15th of each month since we did not move in until the 20th (but the lease does state that we pay on the first of each month). sheis trying to charge us $2800 for 12 months of service/late fees even though she made an agreement that we could pay rent on the $15th!! i have gone to the bank and printed off all of the checks i wrote to her and they are all dated on or before the 15th of each month.

if we choose to take her to small claims court will we win?


If you can prove everything you say, yes, you have a solid case.

I just wouldn't call her "old" in court.

Your judge just might be "old", too.

Stick to the facts, not your observations.
 
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