MorgansDaddy
New Member
I have some friends who live in Virginia, that wanted to move to Pennsylvania. The two of them got approved for a rental near Pittsburg. They went to Pennsylvania on August 27th, to sign the lease, and paid the security deposit ($650) and two months rent in advance ($1300 total). The lease was to start on September 1st and the two months rent that was paid was to be for September 1st through the 30th and October 1st through the 31st, with the next rent payment being due November 1st. After the lease was signed, and the money exchanged hands, the landlord told them that the unit wouldn't be ready until the middle of September, and a day later (two days after the lease was signed) told them the end of September. They needed to be out by September 1st, or pay another month where they were to be moving from. They told him that if the unit wouldn't be ready until the end of September, they will not be able to move in, as they would need to be in a new place sooner, and had already paid all of that money, thus, no longer had the means to pay for another month where they were living. They also requested that he return the money they paid him, and offered that he keep half the security deposit ($325) and the cost to wire the remaining amount back, for any damages to him. He is refusing to do so, and mailed them a letter for them to sign, stating basically after the home rented, he would send them any money left over. Basically, charging them the deposit and monthly rent that it sits empty, with if it rents before the end of October, they would get refunded a prorated amount.
I advised them not to sign the letter, but to keep if for when and if they end up in court, along with anything else they have from him. I also offered to write them a demand letter, fax it to them, and they send it certified mail to him (I am in Ohio)
To get to the question, finally, what exactly is he entitled to keep, being he couldn't deliver possession of the property by the start of the lease? I am not sure he has any damages to claim, being the property isn't ready as it was supposed to be, I am not a lawyer, so I appreciate clarification.
The problem I see is that they didn't get a copy of the lease. He scammed them into believing he would make a copy when he got back to his office, and overnight it to them the following Monday (the lease was signed on a Friday at the house). I told them they should have demanded a copy when the lease was signed, if only they were smart enough to see the problem in not getting a copy.
I advised them not to sign the letter, but to keep if for when and if they end up in court, along with anything else they have from him. I also offered to write them a demand letter, fax it to them, and they send it certified mail to him (I am in Ohio)
To get to the question, finally, what exactly is he entitled to keep, being he couldn't deliver possession of the property by the start of the lease? I am not sure he has any damages to claim, being the property isn't ready as it was supposed to be, I am not a lawyer, so I appreciate clarification.
The problem I see is that they didn't get a copy of the lease. He scammed them into believing he would make a copy when he got back to his office, and overnight it to them the following Monday (the lease was signed on a Friday at the house). I told them they should have demanded a copy when the lease was signed, if only they were smart enough to see the problem in not getting a copy.
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