Signed a year lease but house was broke into & $1500+ worth of stuff stolen while I was moving in….?
I had signed a year lease to rent a house in Columbus, Ohio on August 31st. I moved most of my stuff in that night & stayed the night. On Sept 1st I left around 5:30pm to move in the rest of my stuff. When I got back to the house around 8:15pm the back door had been busted in, the house was trashed, all my boxes & bags had been dumped out, & over $1500 worth of stuff was stolen. We called the cops & they made a report, took fingerprints, ect. The cop had told me that I need to move out of that neighborhood since Im a single, younger, white female. The cop told the landlord that he needed the door fixed that night. All the landlord did was take a few screws & screw the busted wood back into place so the door could close & lock again. Nothing like feeling so safe after seeing him do that! (sarcasm)
I decided the next morning that for the safety of my dog & I that I could not live there. I contacted the landlord immediately & he wasnt thrilled with me leaving but didnt argue. Said he was outta town & would be back in town to exchange the key for my rent back & release out of the lease. He never called me back that night.
I finally got a call back from him this morning after calling him again & he said he wanted me to leave the key in the mailbox at the house. I told him there was no way Id do that because he could claim he never received the key. So were meeting today at 3pm but he now says hes not returning my money until he speaks with his attorneys next Tues.
What should I do? Should I speak to an attorney also? Ive heard of a 3 Day Right of Rescission. Does that apply to this situation? Should I wait til I hear from him again? Can I sue him for what was stolen from me since I hadnt technically been moved in yet? I understand I signed a year lease but who would want to stay in that environment and chance being robbed again, injured, or even killed if they broke in again while I was there? Not me! Just need advice on how to proceed from here. Thanks!
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February 7th, 2012 at 6:28 pm
WHATEVER YOU DO DON’T RETURN THE KEY UNTIL YOU HAVE THE RENT BUT HE CAN JUST CHANGE THE LOCKS, TELL HIM YOUR ATTORNEY SAID HE WILL HAVE TO PAY ALL COURT COSTS AND FOR WHAT WAS STOLEN IF HE DOES NOT RETURN THE RENT (BUT WAIT TO GET AN ATTORNEY), BLUFF HIM FIRST AND TELL HIM THE POLICE REPORT STATES THAT THE DOOR WAS NOT SECURE TO BEGIN WITH AND YOU WILL REPORT HIM TO THE CITY AS WELL BECAUSE HE DID NOT REPAIR THE DOOR PROPERLY, I DO BELIEVE THAT THE 3 DAY LAW IS GOOD IN ALL FIFTY STATES, DON’T ALLOW HIM TO BULLY YOU JUST BECAUSE YOU’RE A WOMAN, IT HAPPENS TO US TOO MUCH, STAND YOUR GROUND! TAKE A MALE WITH YOU JUST AS BACK UP SO HE DON’T BULLY YOU
February 7th, 2012 at 7:04 pm
1. There is no such thing as a “right of rescission” on rental contracts.
2. The break in is not a legal reason to break your lease. Crime can and does happen everywhere.
3. No…you can’t sue him unless he’s the one that took your possessions. Your renters insurance should cover your stuff.
4. Technically…once you took possession of the keys…you moved in.
5. Your lease is binding and it was YOUR job to research the area BEFORE you signed the lease.
6. If you want to break your lease, expect to pay rent for the full duration of the lease or until a new tenant is found. If you fail to pay, the landlord has every right to sue you in court.
February 7th, 2012 at 8:00 pm
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February 7th, 2012 at 8:05 pm
The landlord is NOT responsible for crime in the area!! He does not have to let you out of the lease! A break in is NOT legal grounds to break a lease. What the cop told you is not legally binding, they do not know landlord tenant law!
The fix on the door is legal. All it has to be able to do is lock.
Even if he does let you out of the lease he legally has 30 days to refund any money.
There is NO 3 day right of rescission with leases. They are legally binding the minute you sign it.
You have NO right to sue the landlord for anything!! This is NOT his fault! He is not the one that broke in!! They are in no way responsible for this.
I’m sorry if this sounds harsh and I understand you are upset, but you CANNOT take it out on the landlord who did nothing wrong!!!
February 7th, 2012 at 8:59 pm
First, it was your FAULT that you didn’t research the area BEFORE! you signed the lease. Sorry about you being robbed, but it is NOT!!!! grounds to break the lease. The landlord had working locks. If someone wants to break in, they will find a way – lock or no lock.
Bottom line, you are under a year lease and you are 100% responsible for this lease unless the landlord decides to end the lease early. The landlord didn’t rob your place.
In regards to your other questions:
There is NO 3 day right of rescission in real estate (except for timeshares)
NO! you can’t sue him for what was stolen. You need to file a claim with YOUR insurance company. I assume you had renters insurance. If not, then you are out of luck. The landlords insurance will not (nor should) pay for YOUR lose.
You say you didn’t fully move in. SO? Your lease started Sept 1 and you actually slept in the place. You DID fully move in.
What should you do? I would work to get out of the lease. If you lose one moneys rent to get out of a year lease, then count yourself lucky. But remember this, you have NO grounds to end the lease early. You need to work with the landlord, not against him. He has the law on his side.
February 7th, 2012 at 9:09 pm
you’re a young white female? why is your name Corky and your avatar is a guy?