anyone have any advice (serious answers only please and all are appreciated)?

Question

its been a really rough beginning for the new year. my huse was broken into on new years eve, my secret stash (that wasnt so secret) of money was taken sentimental jewelry that my father gave me b4 he passed my ss card and birth cirtificate was also taken. im unble to work because due to herniated disks in my neck i get migrane headaches because of this tht make me sick to mt stomach that the only thing that makes me feel better is going to sleep me and my husband have been arguing like cats and dogs because of trust issues and to top it off the apt. that i live in the landlord is selling the house and the buyers want it empty by march 1 my husband is on disability and is half crippled due to a nasty accident and cant work how is this supposed to happen if the money i had stashed was stolen? we dont have a lease so i dont know if i can take this case to court to extend the date of us having to move. any thoughts or how i can get things to work out in my favor? thanx for all thoughts.

when we first moved into this apt. it was through mutual friends and landlord said it didnt make a difference if we had a lease when we tried to get one she said it would take a matter of time and that she would have to go to her lawyer to get one and shes the type of person that doesnt like to take care of situations if it doesnt involve herself or money. i also was advised that (by another landlord) if they want us to move by a certain date that they would have to pay moving expenses no matter the cost how true is that and because we dont have a lease is that still possible what can i do in a situation like this

Answer 1

In most states, any property rented without a lease is automatically on a month to month basis. That applies to you as a tenant, but also for the landlord too.

If the landlord wishes to sell the property and needs to have the place vacant, they are required to tell you in writing that they want you to vacate in 30 days. It is their property, and they want to reclaim it and use it for another purpose, or sell it, whatever the case may be. The landlord is doing nothing wrong, and is in fact giving you more notice than required by law.

The landlord is treating you fairly, so please do not take the landlord to court. Doing so will just make you another set of problem tenants in the world who try to screw their landlord.

I'm sorry to hear that both you and your husband are disabled and cannot work. Is there no state or local program to assist you with rent?

As for your Social Security and birth certificate being stolen, make sure to place "Fraud Alerts" with the 3 credit bureaus, Experian, Equifax and TransUnion. Go to their web sites to see how to do so. Then you should wait maybe 60 days after the date of the theft, and then start checking your credit reports. As an identity theft victim, you should be able to do this for free, but in any case, you can check them once for free every year by visiting the web site below. You do not have to sign up for any expesive credit monitoring programs.

Good luck.

Answer 2

First of all, I am really sorry to hear about all that has happened to you in the last few weeks (and/or longer). The foremost concern you should have is to secure your identity. Contact all the CRAs (credit reporting agencies) asap. Go to http://www.ssa.gov to report your Social Security card as stolen, then go to http://www.annualcreditreport.com for a free credit report and info on how to put a hold on your credit file.

But if I can speak frankly, the last thing you need to do is waste your time trying to sue your landlord. What do you think the real chances are that you will be victorious? Even if they are 50%, how many hours will it take for you to prepare the case, travel to the court house,and spend sleepless nights fretting about the outcome? And for what? $2000?

If I were you, I would focus my energy on trying to come up with creative (rather than destructive and depressing) energy and thoughts. You need positive momentum to get you back on your feet. No point in dwelling over problems that can't be fixed. At some point, it will be helpful to REFLECT upon why things didn't turn out they way you hoped... and identify what you did right and what you should have done to make the situation go right. Regarding the rental agreement situation - perhaps in the future, you can be more assertive with landlords by insisting that you get a signed copy of the rental agreement and STRIKE OUT ANY LANGUAGE IN THE CONTRACT THAT YOU DON'T LIKE (eg: non-refundable deposits, etc).

On a day-to-day basis, celebrate the small wins... think about what you did right that day and try to replicate that feeling/result the following day, perhaps improving on it, with an innovative touch.

When money is tight and your body isn't cooperating, I know how hard it can be... especially when housing instability looms. I share your concerns. But with a positive attitude, you will put yourself in a position to be better equipped to be lucky. People who are happy are 10 times more likely to be lucky than those who don't smile. It has been proven by numerous research studies. It even works for people who are actually sad inside, but the positive luck then changes their outlook..

The whole depression industry has increased the incidence of depression by making it in vogue to be depressed. The psychiatrists and drug manufacturers make a fortune off it. Not that depression doesn't exist - just that it is something that can be overcome with traditional methods - what has allowed the human race to thrive for thousands of years.

Don't worry, be happy! Good luck in finding work. And be sure to file for unemployment benefits while you look for work.

Answer 3

Wow. You have had a rough beginning of the year. My first concern is the missing SS card and birth certificate. I am assuming all that has been reported and you have that all taken care of. With no lease I don't know what kind of recourse you have. Have you tried contacting Legal Aid to ask them? They often offer free or discounted legal advice. I was also speak to someone at a disabled resource office (usually though your city or county). They often have places you can move in to and the rent would be on some sort of scale to the benefits you are getting. Call you county office or local United Way, they should have a list of resources available to help you guys get back on your feet. Good luck and try to stay as positive as possible. I know that is hard to do, but positivity breeds positivity!

Answer 4

If the landlord has sold the house and you have no contract (lease) then you have to leave on your own Nickel. The landlord will no longer own the property. The new one can have you evicted.
If you have witnesses to your conversation with the landlord about a contract you may have a case for the landlord to move you, most likely not as there is nothing in writing.
You do have to right to ask for Housing assitance due to medical reasons from your county or State. Due to the situation they should be willing to help you.

Answer 5

all answers in reference to regaining your identity are so very correct and timely: that that first. and may you have good fortune.

just remember: everything bad happens in threes. the landlady sounds like she is really full of it, what with her put on act that she does not handle financial affairs and only gets a lease through her lawyer! this is not commercial real estate! she used that against you, she took your innocence to put you into a tenancy (it is a legal tenancy, btw) whereby she could then sell her building without worrying about existing leases, since you have none.

sale of real estate is subject to existing leases. a lease is a hold on the property, called a leasehold, since it validates occupancy and every other thing in the lease even if the building is sold. new owners must honor existing leases.

although you have a valid tenancy, look forward to getting a certified or registered letter (i hope it's certified, since i have a few tricks up my sleeve) telling you that you have 30 days from the date of the letter in which to vacate the premises. nobody is going to pay your moving expenses. it is that easy.

now then, the trick: if the letter is certified and it comes well before march 1, then deny acceptance of that letter. make the (lousy landlady that you have now, not the purchaser, who probably has no ill intent and may even give you a lease) sender have to send the letter again, giving you a little more time. that time, she will smarten up and just send it registered. you don't have to sign a return receipt for registered mail, better than certified, because it is tracked to each place it goes to, so that is proof that it got delivered to you.

i am so sorry to hear of these drastic troubles. just know, soon you will be on your way to better pastures. yes, go to agencies that can help the disabled. perhaps they can help you put things in boxes and stack them for the movers. charities are good to approach on that one. or organizations that have volunteers.

best of luck to you, and how i wish your health improves!