My question involves landlord-tenant law in the State of: ohio
I signed a lease-to-own contract in September 2016 with a 3500 downpayment. The homeowner had moved back to England and per contract we had 2 years to purchase, set price, etc. in writing. All the normal rental obligations (property upkeep etc., paying on time, blah blah) plus the requirement of house and appliance upkeep.
They moved back here a few months ago, and 2 weeks ago we received this email:
Dear ***
We hope you and your family are well. Due to unforeseen and unplanned circumstances we can no longer honor the rent to own contract that we have with you for 6*** *** St. We are able to give you notice up until May 6th 2018 and will fully refund your deposit and any expenses that were part of the agreement. This decision was a very difficult and unfortunate one for us to make and if there is anything we can do to help moving forward, please let us know.
Kind Regards,
***
Naturally, we were a bit thrown off and fumbling around to see where we would move. However, knowing they had to move back in the house, we were quite forgiving and didn’t really make a big deal out of it.
We found a rental and applied, got approved, so we went to speak to them about getting the down payment t returned so we could apply it to the new house and begin our move. I see no reason to pay an extra months rent on a house I’m not staying at, just because they gave us til May 1st. They agreed to give us the deposit this Friday and any repairs (we repaired the HVAC ($250). We decided they could keep the repair money, as they will have to repaint etc. after we patch the walls for other minor living scuffs (baby gates, decor, etc.)
Now we get a new email a few days after we agreed to getting the down payment back on Friday (so we could move this weekend and give me the week til April 1 for cleaning and repairs without 2 toddlers running free)
***,
I have discussed your moving out plans with *** and we are happy to return your $3500 deposit to you in the form of a check on the day you vacate the property or when we return to *** on 31st March. On that date we will conduct a walk through of the property. Please follow all moving out requirements stated in the lease including having the carpets professionally cleaned, providing cancelation and final payment verification of all utilities etc, all sets of keys (house/garage/garage openers) and a forwarding address.
Please be advised that there is a 30 day’s notice on the lease agreement and we are willing to accommodate the short notice but all other terms of the lease must be met.
We will be available via phone/text/email from 23rd-30th March and back *** on 31st.
So despite my frustration and this inconvenience (as we planned to move this weekend, sign a new lease and put that deposit to this—) im worried that this will turn into an attempt to turn this down payment into a security deposit - amount returned per discretion of landlord - issue. There is minor living damage to the home (broken tile, water damage to a wall from roof leak, baby gates) but to me, they are breaking the contract, so the lease is void. I will ofcourse do the cleanings and return the house as perfect as possible, but do I have any ground to stand on if they try to keep some of my down payment?
Sorry so long, thanks for any advice you have. I do have a copy of the lease which has no explicit agreement on what happens if the lessor breaks the contrAct- only the leasee, which is what they are trying to use (30 day notice, professional cleanings, etc.)
Thanks again,
Jamie
I signed a lease-to-own contract in September 2016 with a 3500 downpayment. The homeowner had moved back to England and per contract we had 2 years to purchase, set price, etc. in writing. All the normal rental obligations (property upkeep etc., paying on time, blah blah) plus the requirement of house and appliance upkeep.
They moved back here a few months ago, and 2 weeks ago we received this email:
Dear ***
We hope you and your family are well. Due to unforeseen and unplanned circumstances we can no longer honor the rent to own contract that we have with you for 6*** *** St. We are able to give you notice up until May 6th 2018 and will fully refund your deposit and any expenses that were part of the agreement. This decision was a very difficult and unfortunate one for us to make and if there is anything we can do to help moving forward, please let us know.
Kind Regards,
***
Naturally, we were a bit thrown off and fumbling around to see where we would move. However, knowing they had to move back in the house, we were quite forgiving and didn’t really make a big deal out of it.
We found a rental and applied, got approved, so we went to speak to them about getting the down payment t returned so we could apply it to the new house and begin our move. I see no reason to pay an extra months rent on a house I’m not staying at, just because they gave us til May 1st. They agreed to give us the deposit this Friday and any repairs (we repaired the HVAC ($250). We decided they could keep the repair money, as they will have to repaint etc. after we patch the walls for other minor living scuffs (baby gates, decor, etc.)
Now we get a new email a few days after we agreed to getting the down payment back on Friday (so we could move this weekend and give me the week til April 1 for cleaning and repairs without 2 toddlers running free)
***,
I have discussed your moving out plans with *** and we are happy to return your $3500 deposit to you in the form of a check on the day you vacate the property or when we return to *** on 31st March. On that date we will conduct a walk through of the property. Please follow all moving out requirements stated in the lease including having the carpets professionally cleaned, providing cancelation and final payment verification of all utilities etc, all sets of keys (house/garage/garage openers) and a forwarding address.
Please be advised that there is a 30 day’s notice on the lease agreement and we are willing to accommodate the short notice but all other terms of the lease must be met.
We will be available via phone/text/email from 23rd-30th March and back *** on 31st.
So despite my frustration and this inconvenience (as we planned to move this weekend, sign a new lease and put that deposit to this—) im worried that this will turn into an attempt to turn this down payment into a security deposit - amount returned per discretion of landlord - issue. There is minor living damage to the home (broken tile, water damage to a wall from roof leak, baby gates) but to me, they are breaking the contract, so the lease is void. I will ofcourse do the cleanings and return the house as perfect as possible, but do I have any ground to stand on if they try to keep some of my down payment?
Sorry so long, thanks for any advice you have. I do have a copy of the lease which has no explicit agreement on what happens if the lessor breaks the contrAct- only the leasee, which is what they are trying to use (30 day notice, professional cleanings, etc.)
Thanks again,
Jamie
Landlord Voiding Rent-To-Own Contract (to Move Back In)
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