Can You Take Back 30 Day Notice After You Give It

[pvc366]

We have a lease 1year lease that is not over until 3/2014 (4 months) we gave our 30 day notice at the end of September 2013 via an email to our property management company. We told them we would be out on Nov. 1st. We were breaking our lease and agreed to the early term fee. A week before Nov. 1st we got a call from the owners of the new place we would be moving to, he told us his current tenants decided to remove their 30day notice and he was sorry but we would not be able to move in. We frantically searched for a place but had no luck. 5 days before the 1st we told our landlord we needed to remove our 30 day notice and we let them know what was going on. They told us NO, they stated they already had new tenants sign a lease and it is a legal document. We reminded them of our existing lease and they backed off. Hours later they called back and told us the new tenants were ready to move in by the first so we had to leave and they told us to "do what is right." My husband and I weren't given a choice and now we are living in a motel with our 3 children who are under 3 years. We did find a home to rent on the 1st and our current landlord told the home owner web had made 1 late payment and we lost that option. My question is what legal action can we take against them? Was our lease the valid one because it was signed first? Should we be forced to pay an early lease term fee when they forced us to move? And lastly can we make them pay for the cost of motel, storage, moving truck and the stress and hardship we are now in?

[jk]

We reminded them of our existing lease and they backed off.

well, there is a bit of a problem due to this:

We were breaking our lease and agreed to the early term fee.

My question is what legal action can we take against them?

against whom?

The landlord of where you did live; nothing
the landlord that ended up not being your landlord; depends on whether you had an actual lease signed
your new landlord; I don't see where they did anything wrong

Was our lease the valid one because it was signed first?

well, if you hadn't given your landlord notice you were moving and the landlord had not accepted it and took action to find another tenant because you told him he was going to have an empty unit as of Nov1, yours would but since you gave your notice and the landlord accepting your notice to terminate, the folks that moved in Nov1 lease is the one in force.

And lastly can we make them pay for the cost of motel, storage, moving truck and the stress and hardship we are now in?

You were intending on moving anyway and would have incurred the moving truck and stress anyway. The cost of the motel and storage is on you since you terminated your lease as you did.

as I said, if the guy that offered a unit to you and then rescinded it and you had a lease signed, that guy owes you for the storage and motel.

[Disagreeable]

Sorry, the old landlord had a legal duty to mitigate your breaking the lease which saved you paying rent for an apartment you were not living in. You do not get to change your mind regarding a contract rescission unless both parties agree. The only one you apparently have to blame is yourselves. You have no action against them. Your lease was cancelled by you. You were not forced to pay an early termination fee, you gave notice you were going leave and pay it. As I noted, you only have yourselves to blame.

[pvc366]

Sorry, the old landlord had a legal duty to mitigate your breaking the lease which saved you paying rent for an apartment you were not living in. You do not get to change your mind regarding a contract rescission unless both parties agree. The only one you apparently have to blame is yourselves. You have no action against them. Your lease was cancelled by you. You were not forced to pay an early termination fee, you gave notice you were going leave and pay it. As I noted, you only have yourselves to blame.

Thanks. I am not sure how you can say we are to blame when we did the right thing and the would be new landlord doesn't write a new lease till he has the keys to the place.

I guess we just get the crappy end of the stick but I wouldn't say its our fault.

[jk]

It is your fault because you are the one that wanted your lease terminated by the end of October. For some reason you are upset because your landlord gave you what you wanted

[LawResearcherMissy]

Was our lease the valid one because it was signed first?

No, because you broke it.

It is your fault because you are the one that wanted your lease terminated by the end of October. For some reason you are upset because your landlord gave you what you wanted

Concur.

Once you tender your notice, that's it. The landlord is under no obligation to allow you to rescind the notice. Rather, by law, he is legally obligated to do everything he can to re-rent the apartment ASAP to mitigate damages when you have broken your lease.

[jk]

Once you tender your notice, that's it. The landlord is under no obligation to allow you to rescind the notice. Rather, by law, he is legally obligated to do everything he can to re-rent the apartment ASAP to mitigate damages when you have broken your lease.

and it would appear he did an excellent job at that.



It's funny. We get this guy here complaining about how quickly the landlord re-rented the unit but had the landlord not rented the place for a couple months, he would have likely been here asking if he was liable for those months of the unit being empty.