Posted by John T Country Lawyer Upd on October 19, 2007 at 08:21:22 from (66.244.83.147):
In Reply to: OT: Crazy landlord! posted by JoeBob/IN on October 18, 2007 at 18:40:58:
PS With all this talk about Small Claims Court, you dont have a complete good cause of action (not the best one at least) until such time the landlord actually breaches the contract (although there is such thing as an anticipatory breach), so dont let yourself get in the corner where YOU and not the Landlord fails to live up to their end of the bargain. Whenever the lease calls for you to make a payment TENDER IT and let him refuse it if thats what hes gonna do (force him to accept or reject it), that way you tried to fulfill your obligations. Id send him the rent check Certified US Mail Postage Pre-Paid with the Green Card receipt so hes forced in a corner to refuse or accept it at his own peril. Once he refuses your tender, its he and NOT YOU thats in breach......TRY TO MAKE THE PAYMENT VIA CERTIFIED US MAIL
Again, if theres an unambiguous written document with no "holes" needed to be filled by the Court, the Parol Evidence Bar does not allow oral testimony to contradict it ESPECIALLY if the lease contains the merger type clause that the writing constitutes the ENTIRE agreement among the parties....
BEST WISHES, let us know what you decide, consult a local attorney who practices Landlord/Tenant law.
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