Limitedslip7 Posted July 11, 2014 Report Share Posted July 11, 2014 So some buddies and I are going up to Cleveland next weekend for a bachelor party type thing and rented a vacation house for the weekend. I found a place that worked for the 6-7 of us, booked it five weeks in advance, and paid in full for the weekend. Signed a short term lease agreement stating all of the legal terms, dates, rules, damages, no refunds, etc. This morning, 7 days out from the the trip, the owner sends me an email saying we can't stay there because of another "long term lease agreement conflict" and offered a small 1-bedroom apartment instead. I already had everything planned out and now my options besides this place for housing are pretty much nil unless I want to pay out the ass for several hotel rooms on short notice. I told him that we are coming up and staying on the agreed upon lease dates, and that he needs to figure something out. He agreed to call around and try to find us something. What are my options here? Can he just screw me like this at the last minute? I thought the whole point of the lease agreement was to protect both parties from this kind of BS... Quote Link to comment Share on other sites More sharing options...
Stretch Posted July 11, 2014 Report Share Posted July 11, 2014 Is there anything in the lease agreement that states the landlord can cancel at anytime? Quote Link to comment Share on other sites More sharing options...
Limitedslip7 Posted July 11, 2014 Author Report Share Posted July 11, 2014 No, it does not mention anything about landlord cancellations. It only details the guest cancellation policy. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted July 11, 2014 Report Share Posted July 11, 2014 I smell breach of contract.... Quote Link to comment Share on other sites More sharing options...
LJ Posted July 11, 2014 Report Share Posted July 11, 2014 So some buddies and I are going up to Cleveland next weekend for a bachelor party type thing and rented a vacation house for the weekend. I found a place that worked for the 6-7 of us, booked it five weeks in advance, and paid in full for the weekend. Signed a short term lease agreement stating all of the legal terms, dates, rules, damages, no refunds, etc. This morning, 7 days out from the the trip, the owner sends me an email saying we can't stay there because of another "long term lease agreement conflict" and offered a small 1-bedroom apartment instead. I already had everything planned out and now my options besides this place for housing are pretty much nil unless I want to pay out the ass for several hotel rooms on short notice. I told him that we are coming up and staying on the agreed upon lease dates, and that he needs to figure something out. He agreed to call around and try to find us something. What are my options here? Can he just screw me like this at the last minute? I thought the whole point of the lease agreement was to protect both parties from this kind of BS... Due to it being a lease, the only remedy may be specific performance, which wouldn't solve any problem. You can probably seek some damages, probably just the difference in price on accomodations. Quote Link to comment Share on other sites More sharing options...
Jewtoys Posted July 11, 2014 Report Share Posted July 11, 2014 Cut your losses, not worth anymore or your time. Anything decent on air bnb? Quote Link to comment Share on other sites More sharing options...
jerrodh Posted July 11, 2014 Report Share Posted July 11, 2014 I mean you can sue for anything... But is it worth it. Quote Link to comment Share on other sites More sharing options...
Limitedslip7 Posted July 12, 2014 Author Report Share Posted July 12, 2014 I don't want money or to sue, I just want to threaten him into giving me the damn house for the weekend so my plans aren't fucked. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted July 12, 2014 Report Share Posted July 12, 2014 I don't want money or to sue, I just want to threaten him into giving me the damn house for the weekend so my plans aren't fucked. Start looking for a short notice alternative now Quote Link to comment Share on other sites More sharing options...
mrs.cos Posted July 12, 2014 Report Share Posted July 12, 2014 Air BnB man- give it a whirl. I've used it several times. Quote Link to comment Share on other sites More sharing options...
Ben Posted July 12, 2014 Report Share Posted July 12, 2014 Without seeing the contract it's difficult to tell if the owner has an out built-in. A clever person with legal training can usually find a semi-plausible way to get out of most contracts. However, assuming that the contract is well-drafted, and particularly since you have signed and performed (i.e. paid), his refusal to surrender possession of the premises for the period and under the conditions bargained-for is a breach of contract. That said, you will never get a court decision or any other legal remedy in time for your weekend. So, if it were me, I would send him a nice letter explaining the situation and explain that if he fails to tender the premises as bargained and paid for, I will obtain replacement performance (i.e., I will rent other accommodations) and that I will then sue him for the cost of obtaining replacement performance. Best case scenario, he stops being a dick and you get the place. Worst case, you have a nice weekend elsewhere and then have to spend a little time in small claims court getting the costs of the replacement accommodations out of him. With the original contract in hand, proof that you paid the original landlord in hand, proof that you paid for replacement accommodations, and a letter to the original landlord explaining the situation, recovering your money in small-claims court would be a relatively simple exercise. Oh, and don't screw around with the Better Business Bureau or other complaint hotlines. It may make your ego feel good to vent your spleen about this fellow and it may hurt his future business prospects. But it won't help you one whit. Quote Link to comment Share on other sites More sharing options...
coltboostin Posted July 17, 2014 Report Share Posted July 17, 2014 What was the address of the house if you don't mind me asking? I know of a 5000 sq foot house in my neighborhood that is empty. Also do any of your friends gamble? They could get cheap/free stay up here though horseshoe. Quote Link to comment Share on other sites More sharing options...
Limitedslip7 Posted July 17, 2014 Author Report Share Posted July 17, 2014 5000 sq ft?! Jebus! How much? Most of them don't like to gamble. The renter ended up giving us a much smaller place for the first night for free. It's going to be a pain in the ass, but less so than going to small claims court. Quote Link to comment Share on other sites More sharing options...
Furloaf Posted July 17, 2014 Report Share Posted July 17, 2014 I'd be tempted to trash the place that first night. Quote Link to comment Share on other sites More sharing options...
coltboostin Posted July 17, 2014 Report Share Posted July 17, 2014 5000 sq ft?! Jebus! How much? Most of them don't like to gamble. The renter ended up giving us a much smaller place for the first night for free. It's going to be a pain in the ass, but less so than going to small claims court. 5000 sq ft?! Jebus! How much? Most of them don't like to gamble. The renter ended up giving us a much smaller place for the first night for free. It's going to be a pain in the ass, but less so than going to small claims court. Its Foreclosed, so Free 95. :fuckyeah: Back and front doors are open. Place is beautiful. Guy built in 06 for 780k. Took an HELOC out for another 100k the year after. Place is worth 450-500 today. Made the call to stop making payments 2 years ago. He let me take the play set and 900 pavers he had to build a Patio that never came to fruition. Quote Link to comment Share on other sites More sharing options...
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