knightndey
Junior Member
What is the name of your state (only U.S. law) Nevada
We are into a year lease by three months. Landlord (and he is a realitor and owns the house) tells me he is going to stop making payments to the bank and hands me a note to sign that he is giving my wife and I 30 days notice because " the bank will want us out". We did not sign. The next day he says the bank has given him a chance to do a Short Sale of the property and wants us to allow the showing of it with a electronic lockbox with as little as 30 minutes notice.
I think he thinks I must be stupid. I have done some research. He has not filed nor has any action of default been recorded with the county.
Our lease with him has no clause for him to give any kind of notice. I know he cannot just give notice for us to vacate. If he made a sale, our lease would be bought by the other party, unless it is a foreclosure sale. But I know that takes 120 days before it can sell and then two weeks for paperwork. The short sale also is approved by the bank and gives him 60 days to sell. That looks like at least 5 months before we would have to move by a foreclosure sale and we would not have to move it the house sells out of foreclosure until our lease is up or we are financially enticed into moving.
My question is: what the landlord did with a notice to us to move, was it a breach of our lease and not a legal action, and did it also indicate an anticipation of default on his behalf that he was trying to cover by getting us to agree and sign the move out notice?
We aren't young chickens anymore and moving is a big hassle and my wife just finished one surgery and has to do another in three weeks. I don't want the tension of this hanging over our head either. But I feel we should also be compenstated for this huge inconvenence, that I beleve he knew about before he rented us the place. He made the mistake of saying to me that the last renters were trouble when trying to show the place for sale. Doesn't that indicate that he had tryed to sell it prior to our renting and might be renting to us so at least he has income to cover his payments to the bank, but knowing he was still going to sell as soon as possible? That seems to be some kind of fraud on his part after he signed a year lease.
I also believe that he has to give 24 hours notice to us if he is to show the place and that since we live here in 'quiet enjoyment', we can be home during the showing.
So is it wrong to say we'd move out and surrender the place in great shape, provided our security deposit is returned to two weeks before we vacant (to apply to a new place) and that we get one month of free rent (last month) as compensation for what he is doing. I think I might get more if I took him to court.
Am I wrong or right and what if anything can I do. If I have some recourse, then I will hire an attorney if I must to be treated fairly in this situation.
Thank you in advance,
We are into a year lease by three months. Landlord (and he is a realitor and owns the house) tells me he is going to stop making payments to the bank and hands me a note to sign that he is giving my wife and I 30 days notice because " the bank will want us out". We did not sign. The next day he says the bank has given him a chance to do a Short Sale of the property and wants us to allow the showing of it with a electronic lockbox with as little as 30 minutes notice.
I think he thinks I must be stupid. I have done some research. He has not filed nor has any action of default been recorded with the county.
Our lease with him has no clause for him to give any kind of notice. I know he cannot just give notice for us to vacate. If he made a sale, our lease would be bought by the other party, unless it is a foreclosure sale. But I know that takes 120 days before it can sell and then two weeks for paperwork. The short sale also is approved by the bank and gives him 60 days to sell. That looks like at least 5 months before we would have to move by a foreclosure sale and we would not have to move it the house sells out of foreclosure until our lease is up or we are financially enticed into moving.
My question is: what the landlord did with a notice to us to move, was it a breach of our lease and not a legal action, and did it also indicate an anticipation of default on his behalf that he was trying to cover by getting us to agree and sign the move out notice?
We aren't young chickens anymore and moving is a big hassle and my wife just finished one surgery and has to do another in three weeks. I don't want the tension of this hanging over our head either. But I feel we should also be compenstated for this huge inconvenence, that I beleve he knew about before he rented us the place. He made the mistake of saying to me that the last renters were trouble when trying to show the place for sale. Doesn't that indicate that he had tryed to sell it prior to our renting and might be renting to us so at least he has income to cover his payments to the bank, but knowing he was still going to sell as soon as possible? That seems to be some kind of fraud on his part after he signed a year lease.
I also believe that he has to give 24 hours notice to us if he is to show the place and that since we live here in 'quiet enjoyment', we can be home during the showing.
So is it wrong to say we'd move out and surrender the place in great shape, provided our security deposit is returned to two weeks before we vacant (to apply to a new place) and that we get one month of free rent (last month) as compensation for what he is doing. I think I might get more if I took him to court.
Am I wrong or right and what if anything can I do. If I have some recourse, then I will hire an attorney if I must to be treated fairly in this situation.
Thank you in advance,
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