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Landlord / Tenant Issues Includes Leases, Evictions, etc.



               


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  #1  
Old 03-18-2007, 04:02 PM
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Join Date: Oct 2005
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Angry

landlord sold home


What is the name of your state? TX

Landlord sold the home I rented. Lease continues through 12/1/07. New owner does not want to lease to me at all so my lease cannot be continued. The landlord is refusing to provide proof home was sold with sales contract, new owners contact information, whatever. he won't provide proof to me that lease is no longer valid. This is a case where landlord refunded my rent for March, he claims he didn't get it from a billpay service, but would have gone into foreclosure anyway. Home was sold because he refused to make repairs to bring house up to decent standards: it had no central heat from 11/06 onward, no hot water for three weeks, master bedroom and bath were not completely renovated, fireplace had no flue. Change in ownership usually does not mean change in lease terms, but I don't mind moving out. I paid $950 a month for basically a stove, fridge and freezing cold.

What can I do before I move out to make sure I am not ripped off even more? How can I ensure my obligations under lease will end before I move out.

Thanks all.
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  #2  
Old 03-18-2007, 04:24 PM
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Location: TX
Posts: 638
You don't have to move. If the new owners want you out, they can buy out your lease. Negotiate with them for an amount that makes it worth your while to do them a favor--leaving early. It will cost you to move--deposits, utility transfers, moving expenses--remember these when you calculate your price. Use this to your advantage. Don't volunteer to leave without compensation.

The law is on your side...the new owners bought the lease with the house. And they are responsible for repairs and fixes from here on out. Perhaps a list of must-do repairs will help them to decide it's cheaper to pay you to leave. Make sure to get a written release from the new owners if you decide to move.
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  #3  
Old 03-18-2007, 05:12 PM
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Exclamation

queen of sand, home must not have been sold after all.

Current owner just gave me 3 day notice to move today claiming unpaid rent although he basically refused to take it although billpay service issued a check it was not cashed. I requested a rent release but he seems to want to ignore request. I got charged $2600 for breaking a ($699 mo) apartment lease early. I can't imagine how much I would get charged for a $950 a month lease until December 1st, 2007.

I don't intend to move until I get signed release. I don't have money to give away.
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  #4  
Old 03-18-2007, 05:22 PM
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OP, was home foreclosed on or not? was this an auction by city or bank?
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  #5  
Old 03-18-2007, 05:27 PM
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Location: Central VA
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Cool

Respond to the 3-day pay notice by paying your rent...your LL is playing with you to try to evict you for non-payment and get you out of the house....if you want to remain for the balance of your lease, get to an attorney to represent you in any court hearing and/or negotiate with seller/buyer to "buy you OUT of your lease"....
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  #6  
Old 03-18-2007, 06:25 PM
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Lightbulb

2 Alaska landlord


Don't think it went to foreclosure yet. He claimed that was why he rented to me without a credit check.

I think he just decided to rent or sell it from under me. Some of my neighbors have an issue with my race, have vandalized property , trespassed, etc., just being annoying. He says it was sold but I just don't buy it. I was a RE agent years ago, so I know Saturday is one of worst days to have a settlement or anytime banks are closed. Owner has no problem with lying so now I just want to make sure I get out without owing anything more to new or old owner.

Last edited by sologig; 03-19-2007 at 08:17 PM.
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  #7  
Old 03-18-2007, 06:45 PM
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Stick to your guns. If it was sold, both or either one should be more than willing to provide evidence of sale.
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  #8  
Old 03-19-2007, 12:58 AM
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As you know if it was sold there will be a change in property tax desk info. its public info. they can also tell you how long it takes for records to be updated when a property is sold. AS far as the LL goes I guess your going to have to send rent payments via a method of delivery that give you a recpt from now on. Also if your having problems with the LL refusing to make repairs contact your city/county govt center and have a building inspector come out. If the property gets condemned then your lease will be offically canceled by the condemn order. Also get your copy of the lease into a safer place as well as your financial records, if your LL trys to self help evict you it will bite if the records get lost or trashed in the proccess.
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  #9  
Old 03-19-2007, 09:46 AM
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Join Date: Oct 2005
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Thumbs down

OP update


Updated facts:

Reviewed notice of late rent: wording changed to remove demand to pay rent, more threatening words added as intimidation. I know the 3 day notice is a request only, not a court order but most people don't.

If home was actually sold, will his notice or release make any difference at all? I just feel very tricked about paying rent and getting virtually nothing in return.

I doubt home was sold but there is something a bit off. I just plain feel tricked. I mean why would the guy rent to me and expect me to be able to buy it, or rather lie in order to buy it. I never offered to buy it but he was just desperate to get rid of house. I just plain wish he hadn't rented to me and destroyed everything. He should have sold to another investor then not now.

Thanks everyone for the advice. I'm getting frustrated. I want to leave but I'm not going to give money away.
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  #10  
Old 03-19-2007, 01:39 PM
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Join Date: Oct 2005
Posts: 14

To Farmer J-updated


City I live in does not require inspections for single family rentals, just apartments. The proposal for such inspections is just now in the works. Legally there is no requirement for proper repairs. He refused rent and sold the home because I complained about condition and stated my intention to vacate at end of march, he just refused rent, sold the home, and trying to get me to move out without an eviction. I am trying to get criminal charges filed because it did endanger my family to be without central heat. He'd be facing wrongful death charges if had we died here. Space heaters are not a substitute for central heat. All documents are safely elsewhere. By the way, seller has no changed the desired move-out date as well as withdrawn the offer to help with relocation costs. He is aware we have four or five nights in a motel. I guess I'm going to court after all. There is no other way. He also asked me not to clean (an old tenant trap) so I have to get confirmation of this before I go and leave it. He was greedy for taking my rent when house should not have been inhabited and he's being greedy for selling the house and not making a fair effort to mitigate damages. I offered to surrender my right to sue just to have motel costs paid for until new place is ready. He still refuses to pay although I never communicated to him situation was OK. He just assumed it was. He now denies heat ever didn't work, glad I got proof, or that house was even sold. Should I sue him for rent I paid for uninhabitable home?

Last edited by sologig; 03-19-2007 at 07:55 PM. Reason: updated
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