[Tarara Boomdea]

so I guess it would be inconvenient for him to pursue it. Given his flashes of temper, I'm very happy he doesn't live here. He seems to be confused as to who's responsible for this.

They spiked the "For Sale" sign in the lawn today.

Thank you, olecapt, for the additional information

[delgadobb]

Originally Posted by lvnyc

We cleaned for nothing (just joking.)

I'm really just bumping this so olecapt and delgadobb might get my thank you.

Hey, happy to help. You're very welcome.

As others have helped me, I want to help when I can. Do unto others ... which is another way of saying I'm a big believer in karma.

Keep us updated, let us know how it goes.

[Tarara Boomdea]

Thanks again.

[Tarara Boomdea]

Well, we're on month two (February rent) of our four month installment plan to get our deposit back. We've had only five showings, and the selling price has dropped $15,000. (At $165K, it's half what he owes.) The agents are not always informing potential buyers about our tenancy and that we still have 17 months left to go on the lease. We've seen this kills the interest of those who are not investors.

Almost all the house-seekers have noted the problem of the pine tree pushing on the pool wall. One agent estimated it's a $10,000 problem to repair.

Now, our landlord has sent us this "Lease Addendum":

"This letter amends the terms of the lease agreement originally signed in July 2007.
We agree to reduce the rent by $500 a month starting 1/1/09...

The rent continues to be due on or before the 1st of every month. This reduction will
return your original rental deposit over a period of 4 months ending in April 2009...

As you have stated to us you plan to move out at the end of April 2009. Since we will have no damage deposit from you, if there are any damages beyond normal wear and tear at the time of move out, you agree that those will be paid in full to us at that time."

That's not quite right. What I had written to him was this: "I suggest that we make an agreement to deduct $500 from the rent for the next four months. That would guarantee that we stay through April" - not that we were leaving at the end of April.

As a lot of the rentals we've seen look as shaky as the place we're in now, we're not all that anxious to go anymore. I think we'll stay as long as we can.

As for this "unlimited liability" addendum - uh, no.

If anything, we've slightly improved the place. I understand he might worry about us trashing the house, not really knowing us personally. Aside from it simply being wrong, we wouldn't waste the time or the energy doing something like that.

I know what I'd like to say to him, but what should I say to him?

[KonaKat]

Do you have anything that he has proposed (re: the short sale etc) in writing? If not, write, summarizing your conversation(s), and tell him to put it in writing; his "offers" his situation, his requests. Verbal agreements are worth the paper on which they're written..............zero! Also demand, in writing, that he provide you with a copy of the fully executed lease.

Now, re-read the fine print in the lease and make sure there is nothing in there that says the owner may gain access with reasonable notice (usually 48 hours) for the purposes of "repairs, inspections, showing to prospective buyers or tenants, appraisers". After all, an owner has the right to sell his property if he so chooses. That does not automatically turn the tenant into a doormat but I would be surprised if there were some "rule" that says he can't sell it while it's being rented.

You are right, in the event a rental is listed, usually the tenants are compensated for their trouble with a rent reduction (optional, but nice) and they are also notified (again, in writing) that should the property go into escrow and the new owner does not want to keep it a rental, they will be given 45 days Notice. At that point they are free to vacate at any time; they do not have to wait the full 45 days (this is just a general example). Was any other paperwork involved in your move in, such as a list of rules, a handbook?
Personally, I would not give too much thought to "helping him out" by staying until it's sold. Does it appear that he is looking out for your interests in any fashion? Your first big red flag is him not giving you a copy of that signed lease, followed closely behind being asked to just give up a key and agree to 1 hour notice. Ridiculous!! If possible, consult an attorney because it looks like you have quite the stickey wicket here. Best wishes for a reasonable resolution.

[flyingtigers]

I know what you say...I am out of here end of April.

[DANIADUDE]

Consider yourself lucky-- at least with the short sale the new owner has to honor the lease, while banks aren't required to do so--we moved in Oct 1st (me, 8 mo. pregnant wife and 1 yr daughter) and got the summons 3 wks later. I stressed to LL several times prior to signing how badly I hate moving (it's stressful, expensive, and time consuming), and we actually have an additional 1yr renewal option- but once the bank takes over, that won't matter, we'll probably be tossed out like garbage.

I paid first, last, and security ($5,400 total) and have paid 1,800 every month before due date, (even though she's not paying the bank), with the hopes she would renegotiate her mortgage, as she has promised. Since 'short sale' and mort neg. are now off the table (she is too far behind with little to no income, other than us) foreclosure is inevitable.

I was told by rep from Broward Courthouse in Foreclosure Dept. that I can pay my next check to the Clerk at the Courthouse into escrow, since I can't legally pay rent to the bank directly. I'm wondering, if the bank will say 'Thanks, now get the *#*!* out !" once they take over, or will they be more willing to honor the lease agreement, and accept our rent payments since we tried to do the right thing? If we start paying the escrow, will we be more likely to get last month and security back, and moving expenses?

[airics]

first this is the vegas forum not florida and laws are different from state to state... i don't believe you can put the money in escrow because the house is in foreclosure and then get your money back.. you may want to try the florida forum

[KonaKat]

You might also want to try asking an attorney. Best thing to do. What a bummer. Best wishes.

[Tarara Boomdea]

Wow, Daniadude. Believe me, I know some people have it a lot worse. Still, no one, even if they can manage the strife and expense this situation causes, likes to be taken advantage of.

I hope the bank comes up with a decent amount in a "cash for keys" deal - that would mitigate your loss.

KonaKat, I am going to hire an attorney. Our LL's self-centeredness and disregard for our concerns in this situation has become offensive. Thanks for your advice!