Sunday, August 22, 2010

Broken rental lease, but landlord is selling house now?

I signed a year lease - then the landlord asked me to take it out for additional 4 months because he said it was hard to rent a house the month the 1 year lease would have been up. I could no longer afford to live there and gave a thirty day notice. I paid the last months rent and the landlord decided to put the house up for sale now. I have moved out, to a new house, more affordable and 40 miles closer to work. Now the landlord wants to sue me for the remaining balance on the lease. If he is now selling the house doesn't that mean he is now taking finaincial responsibilety for the house once again? Do I have any legal stand? Thank youBroken rental lease, but landlord is selling house now?
He can't collect a penny for any rent due after the date of the sale ... broken lease or not.





He also can't sue in advance for damages that he has not yet suffered. If he doesn't have a tenant for October, fine. He can sue you for October, but he can't sue you for November, December, etc in advance. He has a duty to mitigate his damages and get another tenant in there, and he has to prove he tried to do just that.





Many landlords find out the hard way that they are required to mitigate their damages by renting out the unit again.Broken rental lease, but landlord is selling house now?
You need to read your lease. It is a contract that is legally binding for both parties. If you signed a 16 month lease you are obligated for 16 months. If your landlord sells the property, the new owner assumes the lease. You may want to ask the new owner if they would be willing to break the lease. Don't be afraid to ask any question to your landlord, we are not all evil people and understand things change in life. Your lease will state, or it should state, how much notice is needed to end the lease 30, 60, or 90 days. Now understand this is to end the lease not break the lease. Just ask, there is no harm in asking. Good Luck KG
If you didn't comply with the terms of the lease, or there wasn't a mutual modification of the lease agreement signed by you and your former landlord, he may be entitled to the additional funds he would have received in rent.





The fact that he's selling the house doesn't mean he's now taking financial responsibility. As owner of the house, he's responsible whether or not he has a tenant. Unless the property is paid in full, he's paying a mortgage, tenant or not.





I suggest you take your lease agreement to an attorney, have him review it and discuss your options.
I am not an attorney so I'm just giving you my best observation. If you signed an agreement saying you would lease the house for an additional 4 months, then I believe you will be required to fulfill the contract, because that is what it is, a legally binding contract.





I believe if he sold the house, prior to those 4 months being up, you would be relieved of the part of the lease that overlapped the sale. But you can call any local community agency and they will tell you or put you in touch with someone who can.
yes u most definatly do contact your local Housing authority


you should find it in the Yellow pages.
I would call a lawyer before even contacting the landlord about the lawsuit...I think you may have a good case here

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