Rental Dispute with Foreigner

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debralin
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Rental Dispute with Foreigner

Post by debralin » Wed, 27 Feb 2008 10:15 pm

Hi:

Im looking for some advice. If you are a lawyer that would be great.
I had a rental dispute with a foreigner where we disagreed on interpretation of the contract. More speficifally, our rental agreement is until May. She already left the country without noticing me. I expected her to pay the balance of 3 months(March to May, approx $6k total) of rent regardless if she terminates. She believes her 1 month deposit is sufficient as compensation of breach of contract and time to find a tenant.

Is there anything I can do to recoup this. All I know is that she is in Korea. Can she just walk away like this without repercussion? Can I even have a court case without her presence or whereabouts? And is it worth it with all the lawyer fees?

Any feedback would be great.

Thanks, Debra

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morphic
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rental dispute

Post by morphic » Thu, 28 Feb 2008 12:42 pm

assuming she is liable for all pre contract termination rent then the maximum claim against her would be two months rent, assuming the deposit was one month and not two. but if she is out of the country you have no hope of receovery unless she returns. i suggest you ask her to pay you two months rent if you can contact her. if she doesnt respond or pay or have a good counter argument then go to the next step.

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Post by skye » Thu, 28 Feb 2008 3:36 pm

I'm sorry you find yourself in this situation, as unfortunately now that she has left the country your chances of recovery of the 2 months she owes you are slim. Can you make life difficult for her by contacting her employer here if she still works fro the same company? I know we would get considerable heat from our company if we behaved like this. Remember though that she is right that you have a duty to minimise your loss ie you need to take all reasonable steps to relet the property as soon as possible. You can't just sit back and expect the 3 months rent for doing nothing. She will still owe you any difference between the 3 months' rent until the end of her contract, and what you can get for this period from a new tenant. That sum could also include the pro-rated commission you paid if you used an agent to find her in the first place.

debralin
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Post by debralin » Thu, 28 Feb 2008 5:56 pm

Hi:

Thanks for replying. She did not transfer. She just left the country without notice. She might not even be in Korea for all i Know. Even if I go to court, and I probably will win, I will need to incur lawyer fees around 3K and to enforce the judgement will cost a couple thousand more. I'm at a loss. Maybe I should just concentrate on finding a tenant.

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sundaymorningstaple
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Post by sundaymorningstaple » Thu, 28 Feb 2008 6:54 pm

I would like to hear her side of the story before saying anything one way or the other. I've heard too many horror stories about LL's before to only take one side as often what we here on these boards are only half truths (quite often the wrong half) often from tenant and landlord.

Is it right to demand the full lease if it is a foreigner who may get sent out of the country due to the job. Or job restructuring? Did you give her a diplomatic clause in the lease? If no, why not? It is usually standard from good landlords when renting to a foreigner. There is a lot unsaid here so I will reserves judgment.

It will be, however, very hard to collect since she as left the country.
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers

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Superglide
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Post by Superglide » Fri, 29 Feb 2008 5:53 pm

Singapore - Foreigners = 0 - 1.
If only we could pull out our brain and use only our eyes.
Pablo Picasso

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