Do written agreements mean nothing when times are hard?
January 28th, 2009 | by geo |It’s amazing to me that people can say one thing to your face, then turn around and do the complete opposite behind your back. Why can’t people keep their word? I do! It’s not hard to be real, and I suggest more people try it.
Below is a letter from my tenants, who terminated the lease early and now want their deposit back, though it clearly states in the lease that the deposit and last month rent are forfeited for early termination.
34. All parties agree that termination of this Agreement prior to termination date will
constitute breach of the tenancy and all Security Deposits and one full month’s rent shall
be forfeited in favor of Landlord as liquidated damages. Tenant will be charged the cost
of restoring the property to rental condition and also advertising and rent loss incurred
until the new resident moves in. Your liability for rent loss is limited to thirty (30) days
after restoration is complete.
Reads pretty clearly to me. I am just AMAZED that people (in personal life and business) can sign agreements saying “YES, I AGREE TO THESE TERMS,” yet when it is not in their favor they say “NO, THAT’s NOT FAIR!!!”
Hard lessons learned by me, TAKE NOTES, always always cover your ass 
And sadly, don’t trust people 
LETTER:
We had someone review the lease while we were dealing with the purchase of our new home. Its their opinion that we would stand a better than average chance, should we press the issue, of recovering our last months rent and security deposit given some poorly written and inconsistent language in our lease agreement as well as Ohio law that protects renters in these situations.
George, we entered our agreement amicably and hope to leave amicably as well. So I would propose to you that we would not press forward in exchange for you refunding our security deposit (less any reasonable expenses related to damage of which we believe there is none) plus half of our last months rent.
Please let me know your thoughts as its our desire to end things on a positive note.
Warren
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2 Responses to “Do written agreements mean nothing when times are hard?”
By Neal on Jan 28, 2009 | Reply
The guy has no choice in the matter of receiving his money back. He signed a legal binding agreement stating that the leasee will forfeit any deposit and last months rent to the leaser if the contract/lease is broken. The guy has a lot of nerve asking for his deposit back. Parting on a positive note is the ultimate outcome, but business is business, and he knows that when he signed that legal document. He just wants money, and thinks by putting this letter on you will make you change your mind and back down on the terms. This guy is probably receiving a great deal on a house if he his purchasing a home in Columbus. Tell the guy the terms remain the same in the contract, and if he tries to pull anything that you will see him in court.
By Wifey on Feb 2, 2009 | Reply
Sadly, in nearly every profession it seems, if you talk to people they nearly all say the same thing: If you play the nice guy, you finish last. I think it’s very unfortunate that in today’s society good, honest people need to constantly fear because of selfish parasites who can’t make a dime without stealing words, ideas, money, or rightfully-earned stock (wink, wink) from those who earned it. I think the most hilarious part of it is that those parasites don’t realize how obviously “parasitic” and troubled they appear to the outside world. Rule of thumb: If you ever even have to question whether you are selfish scum, you are. And lastly, although I’m not a super religious person, I do believe in a little thing called Karma. I just wish I had my own “karma ball” so that I could see these people rightfully get bitten in the ass when their time comes. Just my two cents.