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hi i have been living in a house with my mother since 2009, we found out in december of 2010 house went into foreclosure & was sold to the new owner in january of this year. we are on a 2 year lease. we gave the new owner a copy of the lease & according to the obama act 111-22 states the lease is legal & binding. however he wants to raise the rent 40% increase & wants to make a new lease. even tho the lease expires in 2012. the new owner says he does not have to abide by the lease & that he can do what he wants since he is the owner, he has cashed the rent checks that state on the checks in terms of lease, he harrasses my mom by calling leaving demanding voice mails telling her if she does call her back in 12 hours the sheriff will come out to evict you if he did not get a copy of the lease which he already had, he also has people calling pretending to be the sheriff. he also gave us a 30 day termination lease notice, however the lease is once again legal & binding, my mom also hurt herself & when she told him that... he told her proove that she hurt herself on his property, my mom got hurt because he refused to fix front step that code enforcement also tripped over & put on paper with all the other repairs that needed to done..
p.s please don't say why don't you just move. that saying is really old
we have rights as renters so we want to know what legal action we can take against this owner
hi i have been living in a house with my mother since 2009, we found out in december of 2010 house went into foreclosure & was sold to the new owner in january of this year. we are on a 2 year lease. we gave the new owner a copy of the lease & according to the obama act 111-22 states the lease is legal & binding. however he wants to raise the rent 40% increase & wants to make a new lease.
tell him nicely ONCE that you're sticking with the rights you have under the law... follow that up in a polite LETTER saying it again... send that regular and registered mail... then sit back and let him stew in his juices.
tell him nicely ONCE that you're sticking with the rights you have under the law... follow that up in a polite LETTER saying it again... send that regular and registered mail... then sit back and let him stew in his juices.
my mom has done that already. she told him from day one that shes on a lease & shes sticking to her lease. and the last 2 rent checks were sent certified mail with a demanding letter to fix the repairs that code enforcement gave from the beginning, and when he does call he only wants to discuss the rent going up $200 nothing else
he gave a 30 day today without any reason why. i forgot the civil code for california but in california it is 60 days if you have lived on the property over a year
he can't pull that he wants to move in because he told my mom she could stay if she pays $200 extra in the rent, my mon never agreed because of the lease
Last edited by jay951; 06-08-2011 at 05:48 PM..
Reason: misspelled word
The owner is not in his right mind and legally has no right.
Keep proof of his herrasments and call the cops if you have proof, so you have another set of proof.
Keep recordings of phone calls and if you State doesn't allow you to record the call without consent like in Florida than mention that you are taping every phone call and he probably will stop calling you.
Try to avoid talking to him and create a paper trail of emails. If your State allows it you can start paying into the Court registry if more issues arrise but never stop paying the rent. Make sure you sent the rent checks with clearly written on it for which month the rent is and mail it by certified mail so he can't say you didn't sent it on time.
The more you do to cover yourself the less chances he has to do anything. If the owner herrasses you at the property, get a restraining order.
my mom has done that already. she told him from day one that shes on a lease & shes sticking to her lease. and the last 2 rent checks were sent certified mail with a demanding letter to fix the repairs that code enforcement gave from the beginning, and when he does call he only wants to discuss the rent going up $200 nothing else
**tomorrow morning** you go down to the courthouse and ask the clerk about the papers and LEGAL PROCESS for putting the rent into an escrow account through the COURT and having the JUDGE force the LL to do the repairs.
He's playing hardball... so you have to as well.
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Have a back up plan too:
Google for a thing known as "cash for keys"...
this is where HE pay YOU a big pile of money to move out sooner... to give him the keys.
Start looking for another place too.
Change of property ownership DOES NOT dissolve existing leases.
You are perfectly within your rights to stay up until the end of the lease.
The new owner is not only wrong, he also seems to be an *******.
Stick it to him. He deserves it. Make sure you are proactive in looking for a new place, as well as documenting any pre-existing damage to the property or fixes you need to make, because the new owner is going to be angry and he is going to be taking it out of your security deposit.
Change of property ownership DOES NOT dissolve existing leases.
In most cases, at least.
In the instance that the house was up for auction (foreclosure) and it is purchased at the sale by an individual who wants to move into the house, I believe they can give you 90 days notice regardless of remaining lease term. Since the OP mentioned the house was going to foreclosure, I have to wonder whether this might not be the case.
Either way, 90 days notice is required, not 30. And they can't just arbitrarily change the lease terms, either. They have only 2 choices: They can keep the lease as it is if they want to continue renting it out, or they can give 90 days notice to vacate if they want to move in, not anything else.
Quote:
Originally Posted by MrRational
**tomorrow morning** you go down to the courthouse and ask the clerk about the papers and LEGAL PROCESS for putting the rent into an escrow account through the COURT and having the JUDGE force the LL to do the repairs.
This may or may not be an option. My state does not allow this to be done.
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