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Bull. It's a really safe bet that your rent payment is nowhere near the amount she has to pay on her mortgage each month. What you pay is merely an offset of the total cost for her to keep the property. Then there's insurance and property taxes and upkeep, et cetera.
You want to fight this so much because you want to get moving expenses out of her, but you are being utterly blind to the fact that A) you are liable to win NOTHING, and B) your attorney will insist on getting paid even if you lose.
Go ahead and pay thousands to an attorney to try to get a judgement against this woman, and then you'll have to move anyway and you'll never receive any of your judgement against her anyway, if by some stroke of the imagination you manage to get one.
But hey, if you'd rather whine about how life is giving you lemons and how difficult it is to be you rather than put on your big-boy pants and deal with it, then go ahead.
P.S. If it's so stressful for you to keep moving, why don't you buy your own house and see just how incredibly easy it is to be a homeowner?
I did say I was going to move on. I used this forum in order to get info on whether anyone else had the same experience and what they did. All I got was a bunch of ridicule about my situation. It's not like I have had this happen to me before. And yes I might just buy a house now that I have to move. I see my old neighborhood in Detroit has some great deals on homes.
I have family in Michigan, near Detroit, friends in Detroit, and I live 20 mins from Michigan. The housing market is very very good because people are moving out of Michigan in record numbers. The job market is absolutely terrible. Just be careful.
We leased a home from an investor here in Arizona and the lease expires in July. She has foreclosed on the home and is scheduled for a trustees sale in March. The investor did indicate that she is going to try to refinance the mortgage. (Very negative thoughts on that since she hasn't made a mortgage payment since May). We want out by Mar.1st if she didn't get refinancing. I have been reading up on what is called the covenant of quiet enjoyment which basically says that a tenant is entitled to the full use of the property for the period of the lease. Now would a trustees sale and forced eviction of us be a breach of this covenant by the landlord since it occurred before July? I want to get the landlord to pay for moving expenses and whatever else I would be entitled to if she can't get refinacing by Feb. 1st by deducting it out of Februarys rent. The security deposit is being held by the management company and I would like to receive that in Feb. also so I can find another home. Has anyone else gone through a similar situation like I am facing of knows what rights if any that I have? Thanks.
Yes, foreclosure probably is a breach of quiet enjoyment (although I don't know the specific law in your state). Generally a landlord has the obligation to do nothing to interfere with the tenant's right to use the property. Not paying the mortgage terminates the lease, and therefore there is likely a breach.
Some valuable information is available here: Real Estate Leases and Effects of Foreclosure (http://www.mobar.org/journal/1997/marapr/realesta.htm - broken link)
The next question to ask, unfortunately, is what damages did you incur? Moving expenses? They aren't that different for short notice, and you could have been required to leave in July. So it's unlikely you would get that.
The only thing you could receive would be the difference if you were forced to move to an area with higher rent. But I find that unlikely, unless rent prices have suddenly skyrocketed in your area (or you got a really good deal).
So you are correct that you have a legal right which has been violated, but you don't have any measurable damages, so it's really not worth it to try and sue for money.
Yes, foreclosure probably is a breach of quiet enjoyment (although I don't know the specific law in your state). Generally a landlord has the obligation to do nothing to interfere with the tenant's right to use the property. Not paying the mortgage terminates the lease, and therefore there is likely a breach.
Some valuable information is available here: Real Estate Leases and Effects of Foreclosure (http://www.mobar.org/journal/1997/marapr/realesta.htm - broken link)
The next question to ask, unfortunately, is what damages did you incur? Moving expenses? They aren't that different for short notice, and you could have been required to leave in July. So it's unlikely you would get that.
The only thing you could receive would be the difference if you were forced to move to an area with higher rent. But I find that unlikely, unless rent prices have suddenly skyrocketed in your area (or you got a really good deal).
So you are correct that you have a legal right which has been violated, but you don't have any measurable damages, so it's really not worth it to try and sue for money.
Thank you for pointing this out to me. I do appreciate a response that gets right to the point and explains it like it is. As far as moving expenses goes I had a option to extend the lease for another year after July. So I was really planning on staying until 2010. I am going to request using February's rent for these expenses and for securing some money for a deposit on a new rental. Actually in talking with her agent I may get it. We'll see.
I have family in Michigan, near Detroit, friends in Detroit, and I live 20 mins from Michigan. The housing market is very very good because people are moving out of Michigan in record numbers. The job market is absolutely terrible. Just be careful.
I was just reading that bank owned homes in Detroit were going for $500 and up. Unreal.
I would say that if you have to move out before the lease is up;in court you might be able to redcover damages for having to move earoly if required. But like all judgements it is up to you to collect.You could file the judgement which would require her to pay if she wants to tranfer property by selling. Basically you have the same rights as a landlord not living up to the terms of a lease.
Yes, foreclosure probably is a breach of quiet enjoyment (although I don't know the specific law in your state). Generally a landlord has the obligation to do nothing to interfere with the tenant's right to use the property. Not paying the mortgage terminates the lease, and therefore there is likely a breach.
Some valuable information is available here: Real Estate Leases and Effects of Foreclosure (http://www.mobar.org/journal/1997/marapr/realesta.htm - broken link)
The next question to ask, unfortunately, is what damages did you incur? Moving expenses? They aren't that different for short notice, and you could have been required to leave in July. So it's unlikely you would get that.
The only thing you could receive would be the difference if you were forced to move to an area with higher rent. But I find that unlikely, unless rent prices have suddenly skyrocketed in your area (or you got a really good deal).
So you are correct that you have a legal right which has been violated, but you don't have any measurable damages, so it's really not worth it to try and sue for money.
Thanks for that info. I was looking here for an answer to a similar question and this gave me a teensy bit of hope. Still contacting a lawyer, but it's nice to have somewhere to start.
Of course they are breaking our lease by choice. I paid her rent each month so she can use the money to pay the mortgage. She elected not to since May. Her choice. Of course we will just move on. I just feel justice is not being served here and the tenant gets screwed again.
Is it stated in your lease that the landlord must use the rent money to pay the mortgage payment on the property? I'd venture to guess not.
To get to your question, yes your quiet use and enjoyment has been disrupted because of the lawsuit. You have the right to leave, in my non-legal opinion. Definitely talk to an attorney, though.
If the house is going into foreclosure and into public sale. Contact the bank and contact the lawyers office for the bank. In most cases they will tell you the truth over what the landlord is telling you and if they are going to keep the property.
If they aren't the owner when the house is sold then work with the bank more then likely they will own the property. Know your rights when it comes to evictions, review the 2009 tenants protection act.
Then contact a lawyer to stay in the property for as long as you can legally as per the 2009 tenants protection act which banks and lawyers ignore or don't know about.
Know your rights and don't think all lawyers and banks know all the laws.
As far as your landlord goes most complaints again someone in local tenant and landlord disputes or small claims court can be done by yourself. If you win you win...if not you know next time what actions to take and how to protect yourself when you sign a lease to make the landlord responsible in the lease on foreclosure.
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