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Letter From Landlord- wwyd?

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    #16
    This is a month to month agreement. The clause that they will keep your security deposit is not valid in most states. In fact in some states, keeping will subject the Landlord to having to pay you TRIPLE damages.

    You are fine. They may sue, but if they do, just bring the contract to court.

    Comment


      #17
      First....It does state month to month. We have a lease, and it CLEARLY states, 12 months....nowhere does it say month to month.
      Second...uhmm?? have you lived there for more than one year so far? Those dates? Have you signed a curent lease?....because those dates are not even vailid!! it say 05...? he messed up in the dates!! .kinda hard tro hold up in court, I would think...LOL

      PLUS..I can't find where is says ..IN WRITING if you break the lease you are responsible for the "remaining months" of the lease? It says costs will occurm and the deposit will be forfited,...... but not nery clear there!!

      Again I think the landlord screwed up by stating..."month to month"...that was the first thing that was COMPLETELY different from a yearly lease.

      Also here is an idea... make sure you have a digital camera and take picutres NOW -TODAY of any damages. Send him a letter NOW-Today and report the damages...if he doesnt reply or fix anything, there is another grounds for breaking the lease.....at least it gives you some leverage. Also it covers you butt so he doesn't turn around and say you trashed it.

      good luck

      Comment


        #18
        Yep, this can legally be considered a "month to month" lease.

        Partly because of the dates the landlord listed. AND,........... There's no total $$ value attached to the lease.

        Our Lease specifially states the time frame from June 1, 2006 to May 31, 2007, AND there's a total $$ amount associated with the lease. Basically, 12 months rent total.

        If your Lease had said the Lease value was $9600 ($800/mo x 12 months), then for sure, it would be a 12 month lease. If you left early, you'd owe the difference between the $9600 and what you actually did pay in rent/mo.

        The way this lease is worded, if you leave before the 12 months is up, you simply forfiet your security deposit. That's your total financial liability.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #19
          Well, doesn't matter anymore the deal just tanked.

          We are on to another house hunt.
          Filed 09/05
          Discarged 1/2/06
          Closed 1/13/06

          Comment


            #20
            The owner is now claiming to have cancer and this is just too much stress on them. They can not put a roof on prior to close but the ywoudl sell for $89K plus $5K rebate, the bank says no way(Bank said roof then closing no matter what).

            So, they won't puyt the roof on, the house goes back on the market and everyone looses out.
            Filed 09/05
            Discarged 1/2/06
            Closed 1/13/06

            Comment


              #21
              Yea, the realtor sent me a list there are some prospects on it for sure.
              Filed 09/05
              Discarged 1/2/06
              Closed 1/13/06

              Comment


                #22
                Originally posted by JeepMom
                Yea, the realtor sent me a list there are some prospects on it for sure.
                Although it must be disappointing now, JeepMom, it's quite possible you may have narrowly dodged a real 'money pit'. It raises my red flag when your homeowner promises, "Sure we'll fix the roof", but suddenly now days later they "have cancer and just can't deal with it." Just doesn't ring true to me. Wonder what's really going on with that house?

                You WILL find a house for those lovely children of yours to enjoy growing up in, and it wouldn't surprise me a bit if it's an even better house than this one!Hang in there and post house photos here of the ones you're considering - heaven knows we aren't a very shy group around here. You'll have plenty of "should or shouldn't buy" opinions to pick through! lol! Good luck in your search!
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #23
                  Originally posted by lrprn
                  Although it must be disappointing now, JeepMom, it's quite possible you may have narrowly dodged a real 'money pit'. It raises my red flag when your homeowner promises, "Sure we'll fix the roof", but suddenly now days later they "have cancer and just can't deal with it." Just doesn't ring true to me. Wonder what's really going on with that house?
                  I too followed her other threads, the facts sure SWAYED all over the place. no mtg, max'd out mtg, paying for roof, now there not. I question if the TALL tales are coming from the seller or if Jeepmom really doesn't have a good handle on things. Lots of great questions were asked by scammer, she couldn't answer any of them. I truly think she has no clue on what assessed value means or is, STILL. This is not an individual that should be buying real estate without major assistance from parents or husband. We all do dumb things, I want breast augmentation prior to filing, but Jeepmommy is the classic definition of a "FART IN A SKILLETT, and takes the cake in front of anything I was contemplating. She needs to slow down, breathe, and listen to people. I truly hope she finds a nice place but this deal she put up on the board, could have sunk her for the second time.
                  Last edited by brokemommy; 07-22-2006, 05:50 AM.

                  Comment


                    #24
                    Umm excuse me?

                    I do know what I am doing with real estate purchases. I did answer scammers questions. The only one I didn't answer was the roofing code and that's because I don't know what it is.

                    The what's the story was comming from my realtor and my own personal ASSUMPTIONS, there were never concrete facts and I don't recall ever posting it like it was.

                    Do you really think my husand has nothing to do with us buying a house?

                    Assesed is different than appraised. I mentioned NOTHING of an assestment.

                    Keep your fake tits out of my threads. Real estate is real unlike the fake tits you so depserately want to scam a dr out of.
                    Last edited by JeepMom; 07-22-2006, 09:56 AM.
                    Filed 09/05
                    Discarged 1/2/06
                    Closed 1/13/06

                    Comment


                      #25
                      Okay you guys this is getting out of hand...leave the mud-slinging and crude remarks out of these posts...those comments are totally unwelcome and uncalled for. Regardless of the reason(s) the bottom line is she lost the house and that is very disappointing but I am sure there are lots of other houses. I have to agree though if the house I was going to purchase had a clause that said it could be sold for xxxxxx after the owner does this, that or the other, I am waiting until he does the this, that or the other. I work for an agency that fields a zillion complaints from consumers who moved into apartments with the landlord promising to do and those things somehow never get done. I even talked with a lady who rented her apartment AT NIGHT and claimed that in the light of the day it was a dump...and it was what the night before? Sometimes people have all the best of intentions but the majority of times they are gambling the consumer will rent the apt or buy the house and then take their own sweet time(if at all) getting things repaired. IN the future though Jeep Mom dont put your signature on anything like that so called rental agreement until you read it carefully. Hundreds of people buy cars from some fast talking saleperson and after their sign the contract realize they have bought too much car and want to get out of the contract. It is called buyers remorse; the contract is valid unless the dealership is willing to void the contract and what do you think the chances of that are? The lawyers who work for our agency have told us that despite the fact the wording in the agreement is garbled you still signed it. It is a good idea to take pictures but next time take them when you first move in. A man won his case in court because he did that. The landlord tried to deny the place was a disaster but the tenant proved his case big time...those digital cameras are a godsend.

                      Comment


                        #26
                        I was smart and have pictures from every month proving how many months it's been like this.
                        Filed 09/05
                        Discarged 1/2/06
                        Closed 1/13/06

                        Comment


                          #27
                          Originally posted by JeepMom
                          Umm excuse me?

                          I do know what I am doing with real estate purchases. I did answer scammers questions. The only one I didn't answer was the roofing code and that's because I don't know what it is.

                          The what's the story was comming from my realtor and my own personal ASSUMPTIONS, there were never concrete facts and I don't recall ever posting it like it was.

                          Do you really think my husand has nothing to do with us buying a house?

                          Assesed is different than appraised. I mentioned NOTHING of an assestment.

                          Keep your fake tits out of my threads. Real estate is real unlike the fake tits you so depserately want to scam a dr out of.
                          Hey your the one that wrote the stuff, sorry if I sound harsh. My opinion of your real estate abilities is probably the same as what people think of the stupid thing I asked. We all act or do stupid things, I admit mine, look how bad people jumped on my goofy idea, please go read all your posts again, it is embarrassing if I posted that circus. Please don't take any insult to this, and consider forums as a way to bounce ideas, with a argumentative and debatable style. People are allowed to put up opinions all over these boards on the internet. Just because I think your goofy too, doesn't mean I think badly of you, I appreciate you teaching me how to post foto's. I promise not to heckle you anymore regarding this comical real estate adventure. But, please don't tell me I can't read them anymore, you are on my list of unintentional comedians and I love reading your posts and look forward to seeing them.
                          Last edited by brokemommy; 07-22-2006, 12:58 PM.

                          Comment


                            #28
                            Ladies, please!

                            You guys normally get along so great, please try and keep the peace!

                            although I have to admit the "keep your fake tits out of my thread" statement was freaking hilarious!
                            BUSY running my own credit repair services! Sorry I don't stop in so often any more!

                            Comment


                              #29
                              Originally posted by tinroofrusted
                              Ladies, please!

                              You guys normally get along so great, please try and keep the peace!

                              although I have to admit the "keep your fake tits out of my thread" statement was freaking hilarious!

                              She brings them up in every thread. I could post that a squirel farted and she'd find a way to bring up her boobs.

                              I don't get what's so commical about the house buying process. I wonder if she has ever bought a house. Normaly hosue buying is not a quick and easy process.

                              We had the offer accepted. We did the inspection. They fixed some inspection stuff. Then we went back and forth about the roof. Then they backed out of the deal. We are getting our earnest money back. It happens all the time and I don't understand why my misfortune(or goodfortune depending on you look at it) in loosing this house is funny. Yes, real life experiences happening here ya know.

                              For what it's worth we're taking a look at a house we looked at when we started this whole mess. The sellers are motivated as they are no longer in the house. It's in good shape as far as we can tell just needs some updating.
                              Filed 09/05
                              Discarged 1/2/06
                              Closed 1/13/06

                              Comment


                                #30
                                Originally posted by tinroofrusted
                                Ladies, please!

                                You guys normally get along so great, please try and keep the peace!

                                although I have to admit the "keep your fake tits out of my thread" statement was freaking hilarious!
                                A little light hearted teasing never hurt anyone. She wil get a nice house, in fact my guess, if she SHOWS patience maybe this one. House she likes isn't within code, owner is forced to fix it. She would be smart to lay in the weeds and wait. But my hunch is she thinks the money is burning a hole in the bankers pocket, and has to do a deal. The worst thing any of us could wish on her, is she jumps from the skillet to the frying pan, and gets herself into another financial problem. But again, love is blind.

                                Comment

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