Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 1 decade ago

A landlord must inform a tenant regarding breaching voiding lease in writing what constitutes writing?

To be formally notified regarding a breach of a lease it the tenant must be notified in writing. Does writing mean registered mail or certified or can it just be in an email without read receipt?

My move in date is today and late last night my landlord sends an email without read receipt stating he will have to void (breach) because his mortgage company won't allow the switch from a primary residence to a rental unit. This man had 3 months to figure this out and chose to do so the day before I move in and sends an email voiding the lease at 11:00 last night.

I just want to verify that email was not formal notice in writing and that he has given me no notice regarding voiding the lease in the courts eyes unless he does so formally correct? Something other then an email with out read receipt that could in theory never even be seen or recieved?

Update:

Landlord you keep saying that like there's no legal precedence now. It's either breach or fraud either way I'm entitled to sue for damage. This notion was brought up on friday 3 days ago and that's all it was.. was a notion.

In the lack of any lease termination in formal writing legally I have a binding lease in tact.

This man is screwing me so hard I will not rest until just compesation is payed. Just meaning the differential between my new lease I'll find and my breached lease. This is going to cost well over 5k because of the deal i had on my breached lease.

When a landlord never formally provides notice of termination of the lease and today is my move in day he has done a major no no.. and legally my lease is still binding.

Even if he can't legally rent the place he committed fraud.. landlord your making it appear because he couldn't rent he's just not responsible in general thats' a joke.

Update 2:

It's either a breach or fraud and I'm being told if he rented in good faith without knowing the requirement of his mortgage company it's considered a breach.

I love how you keep saying there was nothing on paper but you're forgetting to say then it has no become fraud.

Update 3:

If i seek legal aid their getting him on something there's no way I'll lose my money for council.

It's hilarious that you think in my events the landlord just gets off scott free paying nominal damage fees.

You break a contract you pay... this isn't some hundred of dollars issue... I've been wronged bigtime.

Update 4:

Landlord there's no game it's more the like game he's trying to play.

In the real world you can't enter a contract then break it on the day it's supposed to be enforced then expect to just pay some nomial fee.

Wouldn't that be nice if we could just around breaching contracts and paying 600 bucks for the mistake.

Update 5:

Landlord you truely will give moronic advice to protect any given landlord. Your advice is contradictory to the law if it were up to you the man would just be off the hook. No binding lease, no intent... well sheet I guess he's just scott fee huh? If it's not fraud it's a breach there's no getting around screwing a tenant in New Jersey we don't play that.

2 Answers

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  • 1 decade ago
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    He did not tell you today. You have been posting about this for a week.

    The lease is not valid, he can not breach an invalid document. He informed you of this.

    It is only fraud if he entered into a contract knowing at the time that the contract itself was illegal, that he did not have that legal right. He did need to inform you as soon as he realized that the contract was invalid, so you need to prove that he knew and profited from an illegal contract.

    From everything I have heard from you so far this person does not owe you any money, he already either refunded the money or there was no exchange in the first place.

    You can go ahead an sue away, it is your legal right, but you are just spinning your wheels. You aren't going to get anywhere. Expect to have to pay this mans legal expenses, you are going to be losing this game you are trying to play.

  • 1 decade ago

    The lease was actually signed? You just weren't moved in yet? I believe if that were the case, he would have to post the information on your door and also send a copy in the mail.

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