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Old 11-21-2009, 11:04 AM
 
108 posts, read 357,789 times
Reputation: 29

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never said we'd close on 11/15. never said we have a closing date (until now, 11/25 and said that was tentative). always said we have no closing date, we don't know when we are moving out.

the new tenant didn't even have her closing date until recently.
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Old 11-21-2009, 12:32 PM
 
Location: Salem, OR
15,574 posts, read 40,413,812 times
Reputation: 17473
Quote:
Originally Posted by brunette-T View Post
never said we'd close on 11/15. never said we have a closing date (until now, 11/25 and said that was tentative). always said we have no closing date, we don't know when we are moving out.

the new tenant didn't even have her closing date until recently.
I'd check your local landlord tenants laws. In Oregon tenants have to give 30 days notice. It's a law...doesn't matter if it is in a contract or not. So if you don't give notice, out here, and just up and move...you'd be responsible for 30 days of rent.

If you aren't going to work with your landlord on this problem, then I suggest you read your state's landlord tenant laws and find out what type of rent, if any, you would potentially have to pay them.

You don't just get to up and move when you want. It doesn't work that way. If you are just going to hang out and move at the last minute and give notice at the last minute...just realize that there may be legal damages that the landlord can get from you, if she loses this tenant in the process.
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Old 11-21-2009, 02:18 PM
 
Location: DFW
40,952 posts, read 49,162,125 times
Reputation: 55001
Quote:
Originally Posted by Silverfall View Post
I suggest you get you real estate agent hustling and see if you can put all of your belongings in the garage of the house you are trying to buy in case you don't close before the 25th.
I would discourage any seller from allowing early entry. If the buyer doesn't close then you could have a problem and have to file eviction notices to get them out of the house.
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Old 11-21-2009, 03:01 PM
 
406 posts, read 1,496,265 times
Reputation: 235
Wow, I'm surprised at all the nastiness directed towards the OP on this thread. She is paid up until 12/15. Her landlord was the one who suggested this arrangement. Therefore, OP is completely entitled to remain in the rental until 12/15. It sounds as simple as that to me.

Further, it sounds like LL is planning on hustling out the OP and hustling in the new tenant without doing adequate cleaning, fixing, and prep. Wow, great LL.
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Old 11-21-2009, 03:24 PM
 
Location: Virginia Beach, VA
2,124 posts, read 8,840,120 times
Reputation: 818
brunette, stop being a blonde about this (and I am blonde, lol).... work with your landlord. sounds like she/he was working with you when you gave notice and even offered (very generously) for you to use your security deposit as your last months rent. Tell her/him what is going on, and how you can all work together to resolve this!! and go stay with your inlaws for a week if you have to. it isn't the end of the world.... just saying...

shelly
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Old 11-21-2009, 03:36 PM
 
Location: Salem, OR
15,574 posts, read 40,413,812 times
Reputation: 17473
Quote:
Originally Posted by redpanda View Post
Wow, I'm surprised at all the nastiness directed towards the OP on this thread. She is paid up until 12/15. Her landlord was the one who suggested this arrangement. Therefore, OP is completely entitled to remain in the rental until 12/15. It sounds as simple as that to me.

Further, it sounds like LL is planning on hustling out the OP and hustling in the new tenant without doing adequate cleaning, fixing, and prep. Wow, great LL.

That's not how I interpreted the post. What I read was that the OP has an offer on a house and let their landlord know that they were expecting to close on 11/15. In order to close on 11/15, that means the offer was done in the first two weeks of October well before Nov rent was due.

The landlord then told the OP to not pay rent in November, but allowed them to use their security deposit instead. The landlord starting advertising, and the tenant she found is closing on their property and needs to move in at the end of Nov.

The rent isn't paid until 12/15. That's just when the security deposit money runs out, the way I understand the post.

The OP sees solving this problem as none of their responsibility. I just disagree with that premise and I think the OP has some legal issues they have to look into on this.
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Old 11-21-2009, 03:39 PM
 
Location: Hoosierville
17,374 posts, read 14,618,966 times
Reputation: 11590
Quote:
Originally Posted by brunette-T View Post
We still do not have a closing date. Every week it's something different the lender wants to see. This week it's a check box on the termite inspection. They need to verify that this check box was supposed to be checked with the inspector...Meanwhile, last week it was our signature missing from the termite inspection.

We rent now, and our landlady found a new tenant. The new tenant closed 11/30, and wants to move in here the Saturday before that, 11/28.

I did tell her almost 3 weeks ago, our Loan Officer says we should close before 11/15. However, we have not closed. Delays after delays, we had a tentative closing date of 11/25 (next Wednesday) until the lender discovered this unchecked box on the termite inspection. The processor at the lender's office said this WILL delay the approval for the closing date a day. So they may have an answer by Wednesday. So the earliest possible date we may close would be Friday. But this is all contingent upon the underwriting's clearing all documentation, including verification of this unchecked box, and any other new information they discover they need.
Quote:
Originally Posted by brunette-T View Post
never said we'd close on 11/15. never said we have a closing date (until now, 11/25 and said that was tentative). always said we have no closing date, we don't know when we are moving out.

the new tenant didn't even have her closing date until recently.
Which is it? You told her you'd close on the 11/15. Or you never said you'd close on 11/15. You just contradicted yourself.

Quote:
Originally Posted by redpanda View Post
Further, it sounds like LL is planning on hustling out the OP and hustling in the new tenant without doing adequate cleaning, fixing, and prep. Wow, great LL.
Well, actually, the OP said they'd be out on the 15th - which would give 2 weeks of "cleaning, fixing & prep".
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Old 11-21-2009, 03:40 PM
 
Location: Salem, OR
15,574 posts, read 40,413,812 times
Reputation: 17473
Quote:
Originally Posted by Rakin View Post
I would discourage any seller from allowing early entry. If the buyer doesn't close then you could have a problem and have to file eviction notices to get them out of the house.

I have done this and we request that the buyer get a PODS unit to keep everything in it. That way they can come get it easily. They can also keep the PODS in the driveway.

Typically early possession out here is just a few days. After we have gotten underwriter approval, but are waiting on docs, signing and close. Sometimes those couple of days can make a huge difference for people.
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Old 11-21-2009, 03:43 PM
 
Location: Cary, NC
43,269 posts, read 77,063,738 times
Reputation: 45612
"Verbal Lease" stands out to me.
Verbal.
It's a "He said, She Said" lease.

That and an inept lender who can't prequalify and can't set and hit a closing date.

A mess.

The OP can probably just squat and move out at closing and probably not get all the way through to eviction. If the lender is able to consummate the transaction in a professional timely manner.
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Old 11-21-2009, 03:53 PM
 
4,399 posts, read 10,667,398 times
Reputation: 2383
Well I think its clear the landlord didn't think the 15th(nov) of the month was when she would vacate as the 15th was 5 days and she's till there. So the notice was given for the 15th really doesn't wash.
I think this is mostly the landlords fault. The landlord accepted the security for last months rent. Since the rent is till Dec 15th, thats how I see the notice issue. The landlord is simply completely incompetent to lease to someone and promise the same apartment to someone else.
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