Landord breaking lease

[mickie7199]

We rent a house in Kentucky. We have a one year lease which started on June 1, 2000. A couple of months ago our landlord called and wanted to tell us that he was going to be selling the house to his son because he was going to have to move to Virginia because of his job. We are in the military and we were kind of glad about this because this would give us the chance to get the on post housing that came available to us in november( which we could not take at the time because we had a lease ageement until June 1, 2001). So he proceeded to ask if we could move be moved out by march. I said that i would call and find out if the housing on post was still available to us, and when we could get it if it was. So he told me that he was sorry that he had to ask us to move, since he did say that we could stay here as long as we wanted. Now we are getting ready to move into housing this month and the landlord moved to Virginia. He has already seen the house and has said that the only thing that would need to be done to the house before we move is that we get the carpets cleaned. What I want to know is that since he broke the lease and we have to move due to him selling do we have to pay february's rent. When we moved in we gave him first and last months rent. And since he is not here to do the final check of the house can we use our deposit as the rent for this month. I just have a bad feeling that he is not going to give us back that deposit even thought as he said himself before he left that the house looks great and we would only need to clean the carpets. I was just wandering what the law is on an situation as this. Because he is breaking the lease not us.

 

[LL]

The landlord has not broken the lease. The lease is being terminated by mutual consent. You did not need to move because of his selling.

You are still living in the house and this is February, so February rent was due and payable, except that you say that you paid last month's rent in advance. Be sure that it is written up that way in the lease or deposit receipt, so you won't have to pay it again. You cannot use the security deposit for rent without the landlord's consent.

Clean the carpet. It sounds to me that your landlord is being very cooperative.

 

[djdj]

mickie:

Arent you embarassed yet? YOU did not have to leave untill the lease ends.PERIOD!

If he sold the house to his son HIS SON would have had to PAY YOU to move before the lease ends.

BUT NO>>>>>>> you just moved out, and its costing you money out of your pocket.... OH guess who who have to sue to get your deposit back...THE SON since he now owns the house, the lease and security gets transferred at the closing.

BOY I am really scared that this is the kind of bottom of the barrel help we are getting in the military today.

Cant even figure out a simple lease.

 

[mickie7199]

landlord breaking lease

Excuse me Mr.djdj. No I am not embarassed for asking a question. If you read and understood my statement, the son has not bought the house yet. The landlord called to tell me he was going to sell to his son, and if we could move out before the lease was up. All I told him was that I would check to see if we still had housing available to us on post. I really do not appreciate the rude comments about your confidence in the military. I do know how to read a lease and was trying to get some advice on the deposit that we had paid. If this is the kind of advice you are giving people without even reading and understanding their situation, then I advise that you do not help at all. Because your not helping.

 

[djdj]

Well good i got your attention.......

Offer to move if the owner PAYS for your moving expenses, your reconnection fees for the phone cable etc, an ALL of your deposit back, and a free months rent(march) and you will move out by march 31st, OR SOONER if housing is available.. and that all of the financial requiremnts of the lease has been met, and no legal action will be started by either party.

Make sure its in writing and get 1/2 the money up front in a bank certified check...no personal checks, and the other half when you give him the keys.

But to move out before the lease is up,because the landlord wants it back, without being paid for your expenses is not bright.

[Edited by djdj on 02-08-2001 at 05:00 PM]

 

[mickie7199]

I appreciate the advice you gave. And will talk with our landlord about this. Thank you!