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¶ … contract with a property management firm usually provides for various issues that are inherent in a real estate agreement. This will include the individual obliged to pay rent, who is the tenant, the commencement date, the address and the amount to be paid. This contract may be also be passed to real estate's firm for other purposes other than for residence including parking, storage, and business transactions.
A default usually occurs in instances when the tenant fails to follow the terms on the contract. Most common contracts are 6 months, 1 year or 2 years long. Some tenets violate the terms of the contract by moving out before the stipulated date while others move out without proper notice especially in contracts that continues on a month to month basis. In addition, the landlord might also violate the terms of the contract by getting the tenant out before the contract ends.
The other common violation of contract terms occurs when the tenant fails to meet the contracted move-out responsibilities. Contracts or lease agreements usually include clauses that spell out conditions under which the tenant will move out of the property. In the event that the tenant fails to adhere to these conditions requires them to pay a financial penalty to compensate the owner of the house when moving out. Many times the landlord will keep the security deposit in such instances. Moreover, when the tenant leaves the house in a worse state than they found it also results in a violation of the contract.
Contracts are legally binding and are enforceable. Therefore in case of one party violates the terms therein, the other party the other signing party is allowed to demand restitution or go to court.
Issue
It is critical to establish the ways in which violation of contract...
Here the tenant deliberately acknowledges that there was no attempt to consult the landlord in anyway what so ever on the renewal of lease contract. We have to establish the benefits associated with this option as the repercussions might be nonnegotiable and most likely to result in penalty.
The other hypothesis is that, the tenant made contact and actually verbally, by calling notified the landlord through the manager on the renewal, but the landlord, here represented by the real estate management forgot to factor it in. In this case, the truth is not established and there is lack of evidence of the communication and that it is the tenant's word against the landlords. Here also the tenant would be subjected to the penalties as stipulated by the contract terms.
Analysis
A close examination of this case reveals that the second option is most appropriate. The tenant makes mention of the fact that contract with the property management office was clear that there should have been a filling of a contract renewal form 60 days before the end of current contract as information on the intention to continue living in the premises. The tenant acknowledges that there is an attached penalty that accompanies violation of this clause, which is 400 dollars.
The tenant was out of town and made a telephone call to the management office informing them that he would not be there on time to fill out the form and if it was possible for him to fill it out when he got back, which would be after the stipulated 60 days. He claims that the answer he got was positive and that…
Reference
Learning Annex Holdings, LLC v. Whitney Educ. Group, Inc., _ F. Supp. 2d _, No. 09 Civ. 4432 (SAS), 2011.
Professional Liability Agents Network. "Get it in Writting: Avoid Verbal Contracts ." www.vgic.com. June 2011. (accessed December 10, 2012).
Varney v. Ditmars, 111 N.E. 822,(N.Y. 1916).
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