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Landlord is a liar from the get go......

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ArmyHDrider

Junior Member
What is the name of your state (only U.S. law)? VA

I apologize for the length of this however it's been a bear on my family. Here goes....

Moved into a place after a short sale which I would have had to sell if I rotated from the area (thanks to the US Army wanting to rotate me 2 years from retirement) and my father in law dying of brain cancer so I was trying to keep my wife in the area. Lucky for me I didn't waste my 17 years of Active Duty and the National Guard gave me a three year Active tour to hit 20!

Moved into a rental after the house sold and no worries or so I thought. On our lease we wrote the deficiencies and he has only fixed two of the issues and several remain, one is windows don't stay up and some don't secure properly, another is a doorbell doesn't work and the molding on the kitchen counters is off.

A month after we moved in, we started receiving Hope for Homeowners messages on our door. I contacted the owner and he said "oh he was late because my rent check didn't hit in his account on time" ok that was one time, the next month another, 5 months later and 5 notices I did a google search and noticed nothing on the house by number, so I looked up his name, thats when I found "public knowledge" information him and his brothers were arrested back in March for stealing utilitiy trailers and riding lawn mowers from Lowes stores in several states. He posted 10k bond and has had several court dates that I have monitored. His brothers were on the run. Fearing that they would come here I started to worry, however now found his brothers were captured and arrested, still in custody in PA.

Now the landlord has been going to court in one county and has been placed on probation for 24 months and on the NC website it shows status of supervised. He still has several felony charges in another county upcoming in January (15 to be exact 2 felony larceny, others are possession of stolen goods and obtaining property by false pretense.

In October I contacted him again via phone and mentioned that I was concerned that my wife is 4 months pregnant due in March and we keep getting these notices and he said no no it's a mistake I will find out and get back to you. He said he was coming up in November and would provide a document that he wasn't in default and all was fine, even called and stated it was a property he cosigned with his brother and needed 25k to keep the house and he couldn't do it ( ironic his brothers bail in PA is 25k ).

I paid my rent by direct deposit up until November. I didn't pay November and waited for him to come, convenient he hasn't came or contacted us as of yet and here it is December, I haven't paid now 2 months, he has my security deposit of 1900$ but I am worried that even though I have the two months rent possibly 3 I still am constantly waiting for a foreclosure person at the door and my wife due in 3 months!!!!!

Oh by the way I am having shoulder surgery on the 29th so it's not like I am going to be able to move anything myself so that's another issue. I signed a 2 year lease in Mar of 09 and feel that I am wasting my time but the military lawyer says I am wrong for not honouring the lease, however he sees how I am trying to protect my two kids / wife and new baby in Mar.

Stressful!!!! Any suggestions??? My fear is that either way I am screwed or I could pay for a civilian lawyer ( more money down the drain, although would be peace of mind to move on ) or sit and wait, but what does that do for me in the military / my clearance?

Just a mess!

Thanks for viewing and positive feedback in advance for the gracious person who read this all the way through!!!

CD
 


atomizer

Senior Member
Your landlord being in foreclosure or being a criminal of sorts has nothing to do with you not paying the rent. If he is able to evict you will be SOL.
 

ArmyHDrider

Junior Member
Do I pay in full, pay the last 2 months, pay 1 month, hire a lawyer to get out of the lease? I can't get a hold of the landlord even today as I tried to contact him. I understand SOL however common sense approach is what I have asked repeatedly from the landlord and haven't received any support.
 

BL

Senior Member
Do I pay in full, pay the last 2 months, pay 1 month, hire a lawyer to get out of the lease? I can't get a hold of the landlord even today as I tried to contact him. I understand SOL however common sense approach is what I have asked repeatedly from the landlord and haven't received any support.
You said prior payments were made via Direct Deposit .

Ahh what a thought .

Why did you wait for a letter of no default when the LL came ?

Why not mail or fax ?

So many ways to communicate electronically these days .

Pony Express is the way of the past .

Perhaps you could consult an attorney through a Lawyer referral service ,if your local Bar Association offers one.
 

DeenaCA

Member
I signed a 2 year lease in Mar of 09 and feel that I am wasting my time but the military lawyer says I am wrong for not honouring the lease, however he sees how I am trying to protect my two kids / wife and new baby in Mar.
Tenants in foreclosed properties are now protected from immediate eviction by federal law. The Protecting Tenants at Foreclosure Act is Title VII, PL 111-22. Under this law, tenants are entitled to a minimum 90 days notice to vacate following a foreclosure, and may remain in the unit for the remainder of the lease term unless the new owner intends to occupy the property (in which case the 90 day notice requirement applies). More information is available at NLIHC: Renters in Foreclosure Toolkit.

So, if the foreclosure does go through, your family will not need to move out on short notice. However, the owner can evict you for nonpayment of rent in the meantime. A possible future foreclosure does not relieve you of that obligation. After foreclosure the rent must be paid to the new owner/foreclosing party (usually the bank).

He said he was coming up in November and would provide a document that he wasn't in default and all was fine
The landlord does not have to provide you with any documentation as to the status of his loan. His failure to do so is not an acceptable reason to withhold rent. Neither is his arrest record.
 

ArmyHDrider

Junior Member
Yes I am military and set it up to pay straight to his account when I moved in. All was working well and when I kept asking the landlord to come up and fix this stuff over the phone and I was worried I wouldn't have a place to go to but he kept giving me the run around.

I stopped the direct deposit and figured since he was coming to the property he could get the rent check then. I was told by the realtor that helped us obtain the lease to not pay the rent. She tried contacting him he hasn't called her back either nor has he contacted me.

Why did I wait for a no default letter he said he was in the middle of a refinance and he couldn't get one and month after month I haven't heard back from him, but kept paying the rent until Nov 09.

I have no address for him, only his sister that was on the lease and when I contacted that number I haven't got a response back, I called again last night because I want this mess resolved.

I plan on calling the legal assistance in the VA handbook for tenants today and was thinking of sending certified mail to the sisters address at least Novembers rent and Decembers but want to make sure I ain't wasting my time. I wanted the stuff fixed in the house, really don't want to move because he stated when we moved in he would like to sell the house to us and would be up for a lease to buy, however difficult when you're a criminal and you knew all along you were going to screw me!

Thanks for the assistance. I am just frustrated and confused.
 

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