Originally posted by JeepMom
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Letter From Landlord- wwyd?
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JeepMom,.............
I'm so sorry that this deal has gone sour on you. But am also hoping that a new window in time brings an absolutely wonderful home to you and your family.
Broke,.............
JM's story hasn't been out of line. Last fall, after only a month on the market we almost got a fabulous offer. Too good to be true. Within $2K of full asking price. No contingencies. Supposedly excellent credit. Yah dee yah dee yah.
The gal was in town, the guy was in PA. She signed everything, the Realtor faxed all the paperwork to him. He supposedly signed everything on the offer and faxed it all back. All BUT the last page. THE most important page. It wasn't an official offer without that signature page.
Turns out, they didn't have the credit to shop in our price range. Last I heard, instead of looking at $300K houses, they were shopping $100K. All too wierd and all too true.
Next offer, early November, before Thanksgiving, Sprint Corporate relo. Tell me Sprint was not paying all costs??!! The buyers wanted us to pay all their closing costs AND they lowballed the offer TOO. They pestered with us, counter offer after counter offer. Same thing over and over. Low ball price, seller pays all closing costs.
Next offer was a contingency. The Hubby really wanted the house. The Wife didn't. And she saw to it that they did not buy our house. She had a Real Estate "friend" of hers come and do the CMA. They, wife and RE friend, over priced their house $15K-$20K above what the market would bear. No showings. 3 months pass. No sale. During the prime spring season. And the guy did not know. Once their contingency expired, wife allowed for the price to drop on their house so they could sell it. That guy's wife screwed not only him but us as well.
We go into Foreclosure and get saved by an offer made a week before the Auction. Our Lender's Foreclosure Tech literally called the Court House on Auction day and cancelled the sale.
Odd things really do happen in Real Estate deals. What JM has gone thru is totally believable. First the sellers will fix it, then they want to escrow the money. Realtors know things like that can and do happen every day.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...
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I did tell dh that if he really wanted to salvage the hosue we could go find the roofing code and tell them that the roof is out housing code. He said forget it. We both think that if we went back and showed them the code they would just pull the house off the market totaly.(Which they should) I may look up the code to give my realtor to pass onto thier realtor.
We're going to look at a house today. I'll take the camera because there aren't any with the listing. We've looked at it before. It's higer priced, smaller garage, bigger yard. PRIME location. It's about 5 min from where dh works. It has the country club street name but you don't have to join because it's not on the property. The big problem we see so far is the entire house needs paint and cleaned. The kitchen and bath both need updating. Like I said I'll take the camera and post pictures.Filed 09/05
Discarged 1/2/06
Closed 1/13/06
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Great, the problem rests were it should, on there shoulders. Talking tough and saying they will pull the house off market is BS. They want to sell it, its vacant, watch they will find money to fix it, and they can raise the price all they want. In the end it will change hands close to your offer price.Originally posted by JeepMomI did tell dh that if he really wanted to salvage the hosue we could go find the roofing code and tell them that the roof is out housing code. He said forget it. We both think that if we went back and showed them the code they would just pull the house off the market totaly.(Which they should) I may look up the code to give my realtor to pass onto thier realtor.
We're going to look at a house today. I'll take the camera because there aren't any with the listing. We've looked at it before. It's higer priced, smaller garage, bigger yard. PRIME location. It's about 5 min from where dh works. It has the country club street name but you don't have to join because it's not on the property. The big problem we see so far is the entire house needs paint and cleaned. The kitchen and bath both need updating. Like I said I'll take the camera and post pictures.
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doesn't sound good so far........12 month contract you enteredOriginally posted by JeepMomDear Jeepmom & JeepDad:
We are in recipt of your letter informing us of your intention to vacate the property rent at 000 Overpiced, House, IL approximately the middle of August.
The lease that you signed in December 2005 does not expire until December 2006. Therefore, you will be accountable for any rent from the day you vacate until the property is re-rented.
As we get nearer to the date that you plan to vacate, we would apprreciate a couple of days notice of the specific date.
Thank-you,
Jerk LandLord
We pay rent 15th-15th. We are now turning in the keys 9/14/06.
So, will this hold up in court?
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correcto mundoOriginally posted by BassBoyThe first thing you need to do is check your lease. In virtually
every lease agreement, there is a clause stating how much (if any)
rent you must pay if you break the lease (breach your contract) before
the end of its term. Your lease is legally binding on both sides - if
your termination of contract clause states that you must pay XX
months rent or the remainder of the lease, I'm afraid you're probably stuck. (My own lease
agreement says that if I break my lease with 30 days notice for any
reason, I am obligated to pay for the *entire remainder of the lease
term*, or until the house is rented out again, whichever comes
first.)
If you do not have a copy of your rental agreement, your landlord is
legally obligated to provide one at your request:
"Civil Code Section 1962, 1962.5, and 1962.7 now require that
landlords must provide to tenants a copy of the rental agreement or a
written statement of its terms. (Upon request of the tenant, once a
year). Also required is that the rental agreement must disclose how
and to whom rent payments should be made."
In an article at Real Estate Today, a couple poses the question of
breaking a lease because they are moving into a house. Counselor of
Real Estate and Certified Property Manager Robert Griswold had this to
say:
"[...]you are responsible for the balance of the lease term yet the
owner must mitigate your damages; he must make a reasonable effort to
re-rent the property under the same or similar rental terms. You can
be held responsible for the (reasonable) actual advertising and other related
costs (credit checks, etc.). But, you are not responsible for the rent once
the house has been re-rented."
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yupOriginally posted by MinnymouthYou signed the lease and yes the landlord can hold you too it till the property is rented again....
Read over your lease real closely and see requirements of breaking lease.....
Make sure your signature is on the lease......... not just a copy of a lease agreement.
Unfortunately, this does happen when you sign a lease... Their going to force you to live there till the lease runs out or pay anyways.....
It will hold up in court, plus added court expenses, etc.....
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Originally posted by JeepMomI know the pictures are huge but I wanted you to be able to read them.


Mo to mo and then also a twelve mo commitment? what the hell is that? Ever see those people driving down the road taking two lanes and you can't pass. I am screaming pic a lane buster, as I lean on the little annoying Porsche horn. Then they give you a dirty look as you go by. My guess is you will go right by too. Judges sigh with tenants, landlords need to do a good job, and convey things in a upfront manor with tenants. They are held up to the laws, more than tenants are. Confusing language, and the judge will probably sigh with you. But that is not a promise, you have a crappy lease, why did you sign this thing like that. Mo to Mo leases can jack rent up any old time.
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Insist on a walk through upon vacating, I think your downside is $300, so what. Your country folks right?, that is two tanks of gas in a F250 pickup.Originally posted by MinnymouthThe dates only reflect that your rent is paid till the next month and that he received a deposit and cleaning fees from you also...... and yes he made that typical year end date error......
Yes, delete the part about not paying any more money, just give him the date of moving and turning in the keys......
You probably won't get your deposit back.... but that's the way it goes sometimes......
Just make sure he don't try to charge you MORE for damages...... you have already got a depost down for any damages.....
Protect yourself, walk through with la ndlord, agree on damages if any. Write down and agree on what the disputes are. If he wants to chase you in court let him, bad thing is he can attach to your house a judgement. But again, I think lease sucks, and you win. This is typed very fast, and quickly,i gnore my bad grammer.
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i'm outta here, u seem like a nice lady, only jab i would make is slow down a tad, you will get in less scrapes, If you wanted a twelve for your family, great, but mo to mo allows him to raise rent. If you wanted a mo to mo, then I would have balked at twelve on there. Although, I think the thing, really says, your a mo to mo, and doing it for twelve, and if you break you lose your deposit, thats it. Omnly problem with this is, what happens if he started hiking the rent? slow down.......
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