Posted by Bill Jacobsen on May 15, 2007 at 10:57:08:
I usually count on not being able to get back rent or late fees when a renter moves out. Usually they are moving out because circumstances have changed such that they cannot afford the lease payment nor will they be able to exercise the option in the future. It certainly seems reasonable that someone pays to buy an option and only reaps the benefit if they exercise it. By the way, I have option documents separate from the lease document.
Bill
T/B wants Option Payment returned-Help! - Posted by Thos(Minn.)
Posted by Thos(Minn.) on May 14, 2007 at 19:39:17:
Sold on L/O last September, got $3000 down on a $55k townhouse. T/B has been late with rent for months, owes over $2000 now with late fees. They’re digging in (his bro. is an atty, is likely advising). When we file complaint to evict–the weepy judge here hates landlords–we expect that, despite Bronchick’s Lease-Option paperwork, he’ll tell us to give it all back, may nullify all that they owe us also. Other L-O sellers here say he won’t stand for any of our “but the contract says…” pleas. How can we appeal to him to listen, and is it possible to have a contract that looks too one-sided to a judge? Everyone signed willingly. Our T-B didn’t pay. Seems simple, but…?
Re: T/B wants Option Payment returned-Help! - Posted by Rich-CA
Posted by Rich-CA on May 15, 2007 at 17:05:19:
Pity you can’t sue the judge for malpractice when they violate the law to refuse to enforce a legal contract. Perhaps an appeal, since you know the outcome.
I usually do not mix my documents and make sure that the law is thoroughly cited in a lease so when they refuse to enforce, I have the basis for an appeal. Appellate judges tend to be less “weepy” than the initial trial judges. I also usually throw in a few “give away” clauses such as late fees and fines so I can “give in” and still have a chance at what I want.
The big thing is to avoid states that have anti-landlord biases.
You did not mention which state this is in.