Legal Question in Landlord & Tenant Law in Colorado
lease
I signed a lease on a rental property the landlord said that he didn't have a copy to give me. there was a disagreement about wanted me to pay for a full month instead of pro-rating the month for the three days at the end of the month when i was supposed to move in.I signed the contract and gave him the deposit on the 20th of oct.and he said that he would give my a copy of the lease agreement when i pick up the keys on the 26th of oct I packed my things and took off work and when i called him for the keys and couldnt get ahold of him i left a message.He called my sister who co signed for the house and told her that he decided not to rent to me.My sister then told him that we wanted the deposit back and he said that he would return the money if i agreed not to take him to court.The landlord then said that I couldnt take him to court because i have no rights because he is the landlord and told me to go pick my deposit from a mail box at the house i was supposed to move into.Can i ask that he be responsible for reimbursement for wages for taking off work and having to pay more rent in order to stay in the house that i was currently in because of a rent increase and i thought i had a place to live
1 Answer from Attorneys
Re: lease
Sorry to hear about the problems.
You can take him to court for a breach of contract. Once you signed the contract it is generally binding. You can bet if you decided to not move in he would have claimed a breach of contract.
You may want to consider writing him to try to resolve this amicably and inform him that if a resolution is not possible that you will go to court for breach of contract claim and damages. The damages claimed may include items such as the difference between the contract amount and what you are paying now.
Head to a law school library and start reading contract cases and treatises and see if you want to spend the time to take this to small claims. I would doubt that the money at issue would merit paying an attorney. You may, however, want to consult with an attorney as to the possible claims and strategies. Good luck.
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