Can he just kick me out? (balloon payment, real estate, foreclosure)

[OldGuyPhil]

Hello Fellow!
I'm hoping you guys can give me some advise.

About five years ago, I bought a home on an owner contract. I gave a substantial down and made payments. Admittedly, I did not make my payments as timely as I should have, thus angering the owner. There was also a balloon payment due. Between being not the best at paying, and the balloon payment being due and me not having the money, I did a 'Deed in Lieu of Foreclosure' with the fellow. Part of the deal was that he would lease me back the house, and I wouldn't even have to move yet.

BUT! The lease payments were 'pre-payments' in six month intervals. So, On March 1st, I'd pay him six months worth of lease payments, then again on Oct.1, and then again on March 1st. So, since the DiL, I've leased the home from him for 18mo, prepaid in 6 mo. intervals. Our lease is up in a few weeks.

The lawyer that handled the DiL was also the fellow that handled receiving the lease payments I made.

Over the last five months, I've asked the lawyer three times to try and secure another lease for me. Each time, he said he'd try, but then I'd never hear the answer. A few weeks ago, I wrote to the landlord asking him for a lease extension. I never heard back from him either. As a side note, I've never heard from the landlord since the DiL happened, and all repairs that were needed on the home I did myself, and didn't forward receipts as they were all fairly minor.

So, a few days ago, I get a call from a Real Estate Agent saying he wants to view the home because he's been instructed to put it up on the market. I have plans to let him see it in two days.

I'm guessing that the landlord wants me out. But, I don't really know that. He's never said if I can stay or if I need to go. I want to believe that my lease said that at the expiration of the lease, it'd convert to a month-to-month tenancy. I'm prepared to pay him either by the month, or even in six month intervals again... but I really don't know his intentions.

The crap thing is, if he wants me out in 18 days, I'm not prepared. Can he just show up and lock me out? Can he refuse to accept rental payments from me? I would assume I'd just send them to the lawyer like I did the three previous times, but don't know the best way to handle it.

Your opinions would be much appreciated.

[West coast at heart]

Sounds like a hot mess!

I think you probably wore out your landlords patience. I do not know what your legal rights are or what the other side of the story is, but if you want/ need to stay there you need to mend the relationship with your landlord. (Not to mention to start paying your rent on time)
You need to have a frank conversation with your landlord. Tell him what you would like to do and reassure him that you will pay your rent on time. You have to look at this from his perspective too! He has bills to pay just like you. I doubt he is in this because he has so much money that he can afford to offer housing that is a "pay when ever you can afford to" arrangement.

It also sounds like you do not know what is in your lease agreement. I recommend getting a copy of your lease so you know where you stand legally.

Sorry if this sounds harsh, but it sounds like you are taking advantage of your landlord and he is not happy about it. Good luck with your conversation with your landlord. I hope you are able to work things out.

Peace,
wc@h

[sean98125]

If your lease doesn't have some sort of auto-renewal or continuation clause then he's not "kicking you out." He's letting the lease expire at the end of its term and not renewing it.

[cocaseco]

Originally Posted by OldGuyPhil

He's never said if I can stay or if I need to go.

yeah he did...you just didn't understand. Sounds like when you got no answer and assuming this was a deviation fro past lease extensions, you should have started packing. It sounds like he has been patient and it just didn't work out, so now its time to move.

[Sandy Nelson]

Here is a link to an informative tenants' rights site: Know Your Rights - Tenants Union of Washington State