<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Ahhhhh, the key piece of information is "We have asked the new owners for extra time but they said no. Then they said we could have an extra 30 days if we paid another months rent. We paid it. Now they say they still want us out by May 31. The extra 30 days should have given us until June 30." The new owners offerred to rent you the house for the month of June. You accepted their offer by paying them money. They even cashed the check.
You have a valid rental contract: offer, acceptance, and consideration. Once an offer is accepted, it cannot be rescinded. (I'm assuming you paid them before they changed their minds and that you haven't accepted a refund. It gets more complicated if you did either of those things.) Here, you accepted in two fashions: you promised to pay rent for June 1-30 in exchange for another month's housing, AND you accepted by performance when you gave them the check for June's rent.
The house is yours until June 30 (midnight, if no other 'checkout time' is specified). Tell the new owner that they rented you the house from June 1 to June 30 and you are staying through June 30. If they want you to move out earlier than that, they have to pay you - refund the rent + the day care fees you lose by closing + the fees you lose because some parents will find new day care facilities.
If the new owners try to evict you, FILE AN ANSWER TO THE COMPLAINT/PETITION. Tell the court that they offered to rent you the house for June 1-30, you accepted by paying them rent, and they can't evict you. Demand a fact-finding hearing. Make sure you have a copy of your canceled check or receipt showing that you paid the lease's rent. (If the owners did something silly like not cshing the check, you're still OK, as long as you can prove you gave them the check before they rescinded the offer.)
In the mean time, the house is yours. You do not have to let the new owners on the property and can have them arrested for trespass if they keep bothering you. In fact, if they harrasses you after you tell them to stop, you get to sue them for harrassment. If they changes the locks or something, you get to sue for wrongful ouster.
From now on, send all communications to the new owner in writing, certified mail, return receipt required. Keep copies of everything. If you have oral conversations, take notes or write up notes as soon as you finish the conversation. Taping phone calls (after saying 'I'm going to tape this call') is also a good idea.
Here are some choice sections from the AZ Landlord-Tenant Act (Title 33 ch. 3) and the AZ Residential Landlord-Tenant Act (Title 33 ch. 10). You may want to read both chapters in their entirety and share these provisions with the new owner, along with a rough idea of how much his damages would be (thousands).
Good luck,
Tracey
PS: I believe you have a tenancy for a certain term, as the beginning and ending dates were specified, even though you only specified one month.
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33-1376. Landlord and tenant remedies for abuse of access
A. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages.
B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent.
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33-1367. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321.
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33-341. Termination of tenancies
A. A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period. The permission shall specify the time the tenant may remain, and upon termination of such time the tenancy expires.
B. A lease from month to month may be terminated by the landlord giving at least ten days notice thereof. In case of nonpayment of rent notice is not required.
C. A tenant from month to month shall give ten days notice, and a tenant on a semimonthly basis shall give five days notice, of his intention to terminate possession of the premises. Failure to give the notice renders the tenant liable for the rent for the ensuing ten days.
D. When a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary.
E. A tenant who holds possession of property against the will of the landlord, except as provided in this section, shall not be considered a tenant at sufferance or at will.
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Tracey,
Thank you so much for taking the time to repond to my questions. We now know we are thinking on the right track. You certainly eased our minds.
Sincerely, Donnell
