We are renting a home through a rental management company. On October 1st, after just signing another year lease, they inform us that the owners of the house want thier house back. The rental company gave us 60 days to move out. We have bought a mobile home and are still waiting for it to be moved, but now the owner wants possesion of the house by Nov. 15. Fifteen days early!
They want us to pay pro-rated rent and we still have to try to get our deposit back. I don't understand, how is it a rental company can take your deposit and charge you penalty rent if you break your lease with them, but we have to follow our rental agreement just to get our deposit back. Shouldn't we get it back regardless? They broke the contract with us.
2007-11-09 12:51:34 · 6 answers · asked by nana12872 1 in Business & Finance ➔ Renting & Real Estate
We signed a new year lease in June 2007 with no idea then that the owner's would want their house back. They notified us by mail in Oct. that the owner wanted the house back by Dec. 1st.
2007-11-09 13:04:50 · update #1
To put it simply, the owners can NOT have the place back unless YOU say so. A lease works both ways -- you commit to paying the rent for the entire term and the landlord commits to let you occupy the premises for the entire term. If either party wishes to break the lease it's with the good graces of the other party. PERIOD!
YOU are in the driver's seat in this situation, pure and simple. Since you have agreed to allow the landlord to break the lease and re-take possession, he will simply HAVE to wait for you to move. Personally, I'd tell him that it will cost him 2 months worth of rent IN CASH to break the lease, PLUS a full refund of any deposit without deductions. If they refuse to agree to this, tell them to suck eggs.
2007-11-09 13:51:04 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 0⤋
You probably have a statement in the lease that notes that they can take back possession if 60 days notice is given. This number sounds correct to me if my memory is correct. However if they are trying to take the property back 15 days earlier before the 60 days I believe that this is not legal. Most counties governments have Tentant/Landlord groups for problems that arise from this type of relationship. I would look in the "blue" pages in my white page phone book for such a group within the local government and give them a call. They may be trying to do the "bully" routine on you because they assume you do not know the law. I would also sit back down a re-read the lease closely. We all quickly scan and read these types of agreement at one time or another in our lives, while not very responsible on our parts it is just fact. Also, have they really try to keep your deposit??? You only mention a fear of having to try to get it back. This is understandable with the other things they are trying but they havent tried not to give it back yet so I would not worry about this at this moment. You can also always use small claims court for the deposit thing so no attorney will be needed on your behave if you have the paperwork and facts in hand.
2007-11-09 21:11:31 · answer #2 · answered by Anonymous · 0⤊ 1⤋
How is it that they broke the contract? You went for a renewal and they informed you, they are not extending the contract. So, beyond the old contract, you have NO contract. With NO contract, there is nothing to break. Usually, they are under no obligation to renew your contract.
If they gave you 60 days though, and it was in the agreement, then you can enforce it.
As to prorated rent until the day you move out, that sounds reasonable to me. Again, by then, I am assuming, your existing contract has ended.
Should you get your deposit regardless? no.... If you damaged the house beyond reasonable wear and tear, then you are still liable.
I don't see any contract being broken.... OTHER THAN the factc they told you 60 days and now they took 15 days away from it.
2007-11-09 20:58:26 · answer #3 · answered by tkquestion 7 · 0⤊ 1⤋
They are the one's breaking the lease so you should get your deposit back and you can actually charge them a months rent or so for the inconvienence. If they say no, then say you aren't moving until your years lease is up then.
2007-11-09 22:00:34 · answer #4 · answered by Madison 6 · 0⤊ 0⤋
If you cannot afford an attorney, call the local legal aid society, and tell them what is going on. They might be able to help you.
2007-11-09 20:54:10 · answer #5 · answered by Rafael P 4 · 0⤊ 0⤋
You really should call fair housing (in the phone book) or legal aid. They are definatly in the wrong and you shouldn't feel pressured to leave until you can...
2007-11-09 20:57:05 · answer #6 · answered by Anonymous · 1⤊ 0⤋