<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Cathryn:
my sister in law lives in FL, she owns a home in CT which she has been renting out with no problems. The lease expires Sept 2000 and she has already signed the extension. However now her mom and handicaped brother have been displaced and she needs to move them into her house, and renovate and make it all accessable. She is honoring the current lease, but wants to move her family there sept 2000. As soon as she knew she told them, giving them 6 months notice. They said they want to be compensated and hired a lawyer. My sister in law did not tell them why she wanted to take over occupancy in sept.
Please advise what you think....
Should she call the lawyer that sent her the letter ,and tell him of her heartship.
Thanks for your time, Catherine<HR></BLOCKQUOTE>
My response:
Sister and tenants are now in privity of contract (that means they're joined at the hip). The tenant is correct. In order to get what your sister wants, i.e., a release from the tenancy lease agreement, a new, third, contract must be made to cancel the second contract. The reason the attorney is involved is because your sister is anticipating that she'll be breaching the second contract ("Anticapatory Breach") and the attorney is warning her against it, and what the outcome will be - - a lawsuit and damages. It makes no difference WHY your sister wants to breach the contract, and the attorney, nor his clients, could care less.
If your sister insists on using that house, the difficult thing will be the negotiations of contract #3. Right now, the tenants have her "over a barrel" and if she wants the house, they're bound to make crazy demands, like: 1) Pay us 50% of the lease value, 2) Pay for our moving expenses, 3) Pay for our deposit and security fees on a new place, and 4) Find us an acceptable, similar house, and 5). . . . well, the list could go on.
Good luck to you and your sister.
IAAL
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