Landlord wanted to break lease, changed mind & won't reimburse for expenses

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jmchism

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Hello all!

Gist:

-Landlord called and asked me to break lease because he wants the condo for his "sick mother." Offered $1000 compensation and the return of my deposit. Told him to give me a week to think about it.

-Called him back in a few days after investigating moving expenses. Told him I would do it if he made it $2000 and return of deposit. He said that was too much and declined.

-He called back a month later (April 1) and said he would pay me $2000, but he would want the condo by May 1. I told him I was willing to move for the amount I offered, but I couldn't guarantee May 1 until I found a place to live. What if I found something and it wasn't ready until the 5th or the 10th? I told him I would try my best to find something for the 1st, but I wanted him to be understanding and somewhat flexible since he was giving me such short notice.

-I then decided to spend one week of vacation time looking for a place to live. During that week, my landlord continued to call me every couple days, sometimes at indecent times and twice while slurring his speech, to continually repeat his desire to have me out by May 1. If I didn't call him back right away, he threatened to call off the deal.

-After a week of working like mad to find a place to live, plus using up gas and putting miles on my car, I was getting tired of his pestering. I called him back to tell him I'm trying my best, to accept the fact that I need time to find someplace to live and I can't make guarantees, and that his pestering was inappropriate and unacceptable. He then left me a message saying he wanted me to call him back so he could "make me understand" how important it is to be out by May 1 and if he didn't hear from me soon, he would just come to my door (I've never even seen him face-to-face). The next day his ex-wife called and left a message telling me if I couldn't be out by May 1, the deal was off.

-I called back to ask him why his ex-wife is calling me when she has nothing to do with the matter. I again told him I could make no guarantees without knowing for sure where I was moving yet, but I was trying my best to be out as early as possible. He now said he wanted me out by May 1 in order to get $2000 in compensation, to which I reminded him that it would be $2000 plus a return of my deposit. He then went back on his offer by saying that it was $2000 total and he couldn't afford more (which is BS because he's already told me in a drunken phone call that he's a Pharmacist who makes $150,000 a year, he also lives in a 5-bedroom house and drives a BMW). He said he knew that's what he said because he recorded the conversation (without telling me which is illegal). That might be what he meant, but it's not what he intended me to think because he knows what my counter-offer was. I told him previously that I couldn't do it for less than $2000 plus the deposit. Why call me back to change his mind if he couldn't offer that?

-I told him $2000 wouldn't cover all my expenses and I wouldn't do it for less than that. He said, "the deal is off." I told him if the deal was off, he owed me reimbusement for my gas, milage and vacation time wasted by his indecisiveness and shady tactics. He said he owed me nothing. I sent a written letter asking him to pay $195 in gas and milage (one tank of gas plus $.50 a mile) in order to reimburse me by May 1. I know he won't pay it.

I am now thinking of taking him to small claims court. Is it justifiable to ask for reimbursement of gas, milage and vacation time wasted? And, how much is my blown vacation time (five days) worth?

Thanks!
 
If you have none of this in writing, you'll be hard pressed to prevail.

He'll say one thing, you'll say another.

In the future, always get this in writing.

What you didn't have was a meeting of the minds.

He claims he meant one thing, you claim he meant another.

The other problem for you, is the move out date.

You were loosey-goosey about 01 May.

Your landlord was rock solid about that date.

Your agreement would also fail on the difference in dates.

You can sue.

Will you prevail?

Doubtful, very doubtful.
 
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