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Old 11-21-2009, 07:26 AM
 
108 posts, read 357,845 times
Reputation: 29

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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.

We do not have a written legal lease here at our rental. Its verbal. We told the owner here and the new tenant we would may be closing next week. They both are trying really hard to get us to agree to be moved out by the weekend of the 28th. Even though I keep telling them, new things come up every week from the lender to delay the closing, our land lady actually suggest we move in with my in-law's (as if that was an option). Giving me a guilt trip about the possibility of loosing this new tenant, and giving me guilt about the new tenant possibly having to pay her seller rent to live in her own house. I tried to tell her as nicely as possible, this is not my problem, and that I have made it clear to all parties that we do not have a definitive closing date.

So now that I know there is a good chance we may not close before the new tenant needs us to, I'm almost scared of calling them to tell them for fear they may start in again about their woes.

How is this any of my responsibility?
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Old 11-21-2009, 07:31 AM
 
Location: Hernando County, FL
8,489 posts, read 20,639,147 times
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The big question is, when is your rent paid up until?
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Old 11-21-2009, 07:34 AM
 
108 posts, read 357,845 times
Reputation: 29
we're living off the security right now, so if we move out when they want us to, they'd owe us a half month's rent. so technically, we're paid until 12/15.
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Old 11-21-2009, 07:44 AM
 
Location: DFW
40,952 posts, read 49,176,191 times
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Quote:
Originally Posted by brunette-T View Post
we're living off the security right now, so if we move out when they want us to, they'd owe us a half month's rent. so technically, we're paid until 12/15.
If I was your landlord I would not let you apply your security deposit to your last months rent. To me you would be past due & I would want you out immediately to get the new tenant in.

There are places that rent by the week. Put your stuff in storage & find a Budget Suites.
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Old 11-21-2009, 07:44 AM
 
Location: Hoosierville
17,398 posts, read 14,631,586 times
Reputation: 11605
Quote:
Originally Posted by brunette-T View Post
we're living off the security right now, so if we move out when they want us to, they'd owe us a half month's rent. so technically, we're paid until 12/15.
You're security deposit is not rent.

So technically, you're late on your payment.
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Old 11-21-2009, 07:47 AM
 
108 posts, read 357,845 times
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the LL was the one who offered for us to live out the security.
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Old 11-21-2009, 08:07 AM
 
4,399 posts, read 10,669,291 times
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Quote:
Originally Posted by brunette-T View Post
the LL was the one who offered for us to live out the security.
Did you give a firm date to your LL for when you are moving out? If so then its your responsibility to move by then regardless of what happens to your house.
If you didn't then you can stay as long as you've paid rent and it's the landlords responsibility to give you notice to leave. If you didn't tell him a firm date the landlord is pretty incompetent to line up a new tenant and not know when you are leaving
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Old 11-21-2009, 08:18 AM
 
108 posts, read 357,845 times
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Quote:
Originally Posted by jdm2008 View Post
Did you give a firm date to your LL for when you are moving out? If so then its your responsibility to move by then regardless of what happens to your house.
If you didn't then you can stay as long as you've paid rent and it's the landlords responsibility to give you notice to leave. If you didn't tell him a firm date the landlord is pretty incompetent to line up a new tenant and not know when you are leaving

no. all we said was that our loan officer said we should close by 11/15, given there aren't any delays. we never gave them a firm date nor did we elude to even knowing at any given point besides recently that we even had a date.
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Old 11-21-2009, 09:11 AM
 
Location: Salem, OR
15,575 posts, read 40,425,076 times
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I think it is your responsibility because you essentially gave them notice when you said you were going to close around the 15th. The fact is that you have agreed to do things verbally this entire time. With that comes the responsibility of following through. I have to say I am surprised at your thoughts that you have no responsibility in this matter. You gave notice. Your landlord let you eat your security deposit in rent rather than coming up with more money...probably because they know how much money you need for closing. You are running over, and you aren't working with them to solve the problem. I always encourage my renters to do some overlap so this exact situation doesn't happen.

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. That way you can just stay at a super cheap motel for a couple of days until you close. Help your landlord solve the problem, which you created. This is your problem. Talk to your agent and start problem solving.
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Old 11-21-2009, 10:52 AM
 
Location: Barrington
63,919 posts, read 46,725,169 times
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I'm confused. Your landlady agreed that you could apply a part of your security deposit towards your last months rent. Your landlady found another tennant who will take the apartment effective, 11/30 who wants to move in early. You told your landlady that you were scheduled to close 11/15.

How is it your landlady's problem that you are not doing what you said you would do, when you would do it ?

This is real life as is, not as you want it to be. This is your responsibility.
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