Leasee Beware! (Louisville: for sale, real estate, apartment)

[MissL]

For anyone considering leasing a house in Louisville/Jefferson County - please make sure you put a clause in the lease to cover a sale of the home during your lease term.

I have leased a lovely home for nearly four years. Five months before the end of this fourth year lease the owner decided to put the house on the market. He declined to let me out of my lease (wanting me to sit tight through the sale and then if it didn't sell, he would re-lease to me.) Because I took a bit of issue with this, and also due the fact that I respectfully expressed frustration about being asked to "help" him sell his house by taking off work to let contractors and such in the house, he has denied me a reference. I have been a solid tenant. Obviously he thought so too - he leased three additional years after the first one to me. He was provided all the rents checks each year in advance upon signing the new leases, and I have cared for this house as if it were my own. Yet, he is legally allowed, for all intent and purpose, to basically hold me hostage - preventing me from moving on and impacting my life and upending my privacy. I cannot afford to pay out the two months now left (nor do I wish to risk being taken to court or having my credit marked by him) plus come up with new move in costs. Because he cannot be used as a reference, I have had to create a portfolio of every rent check cashed, his emails demonstrating positive relationship throughout the years, photos of the house upon signing and photos of the house now, along with my receipts for the minor repairs I have covered along the way. Looking for a new home or apartment just became like a job interview. I am in this position because I did not stipulate a clause in the lease to cover this exact situation and protect myself. Shame on me.

While a recommendation is not legally required, had he released me from my lease early, I could have probably exited before things turned wonky. Given my 30 days and been on my way. Please take the time to read your lease agreements, consider your futures and any potential situations you may need to cover. What if you lose your job? What if you are transferred? What if the landlord wants to sell the home? What if they die? Unfortunately for me, four years ago I was in the middle of a job transfer to Louisville, had a family to get settled and I just felt so blessed that we found this house so quickly. I didn't look down the road. I never in my wildest imagination anticipated this outcome. Lesson learned.

[tomocox]

Originally Posted by MissL

For anyone considering leasing a house in Louisville/Jefferson County - please make sure you put a clause in the lease to cover a sale of the home during your lease term.

I have leased a lovely home for nearly four years. Five months before the end of this fourth year lease the owner decided to put the house on the market. He declined to let me out of my lease (wanting me to sit tight through the sale and then if it didn't sell, he would re-lease to me.) Because I took a bit of issue with this, and also due the fact that I respectfully expressed frustration about being asked to "help" him sell his house by taking off work to let contractors and such in the house, he has denied me a reference. I have been a solid tenant. Obviously he thought so too - he leased three additional years after the first one to me. He was provided all the rents checks each year in advance upon signing the new leases, and I have cared for this house as if it were my own. Yet, he is legally allowed, for all intent and purpose, to basically hold me hostage - preventing me from moving on and impacting my life and upending my privacy. I cannot afford to pay out the two months now left (nor do I wish to risk being taken to court or having my credit marked by him) plus come up with new move in costs. Because he cannot be used as a reference, I have had to create a portfolio of every rent check cashed, his emails demonstrating positive relationship throughout the years, photos of the house upon signing and photos of the house now, along with my receipts for the minor repairs I have covered along the way. Looking for a new home or apartment just became like a job interview. I am in this position because I did not stipulate a clause in the lease to cover this exact situation and protect myself. Shame on me.

While a recommendation is not legally required, had he released me from my lease early, I could have probably exited before things turned wonky. Given my 30 days and been on my way. Please take the time to read your lease agreements, consider your futures and any potential situations you may need to cover. What if you lose your job? What if you are transferred? What if the landlord wants to sell the home? What if they die? Unfortunately for me, four years ago I was in the middle of a job transfer to Louisville, had a family to get settled and I just felt so blessed that we found this house so quickly. I didn't look down the road. I never in my wildest imagination anticipated this outcome. Lesson learned.

Unfortunately, it appears that you did not know your rights prior to going through this mess. You still have rights and as such, this needs to be reviewed by an attorney on your behalf. While I understand that each party has their view, the Landlord Tenant Act does offer tenants relief.

While I am no longer a member of the Kentuckiana Real Estate Investors Association (KREIA), I do recommend that you seek out their assistance with this. You can contact them at KREIA.com. Members of KREIA seek to be the best of the best of landlords.

[MissL]

Hi,

Thank you for your reply.

I have consulted with a real estate attorney in town - supposedly a tenant/landlord specialist. I have also spoken with the Tenant's Rights Legal Aid here in town - just this morning in fact. I am consistently told that, without a clause in the lease relating specifically to sale of the house during a valid lease term, he was free to put the house on the market and hold me under legal obligation to finish the lease - or he can sue me for the remaining value of the lease should I move out sooner. If the house sells, the attorney told me the lease goes with the new owner - and they are required to give me a 30 day notice. Nice - but it can take longer than 30 days to find good housing in this town. I know - I have been looking for nearly two months. Now it is only further complicated because I do not have a reference for four years of history.

The lawyer did tell me that I was not obligated to "help" him sell his house - and that I did not have to oversee the contractors, do anything extra to prepare the house for sale, etc. When I stated this to the landlord - in a very nice and professional way - things went very south. I was accused of being uncooperative. He swore at me on the phone when I pointed out that regardless of the here and now, I deserved the respect a reference for the three previous lease agreements with him - all of which were completed successfully and apparently with his approval because he kept leasing to me. He told me the only way to get a reference from him was to be cooperative. His emails and then this last phone call were taking the tone of harassment. I made the decision to end further verbal communication with him. I loved this house and truly cared for it as if it were my very own investment. If I could buy it, I would have jumped at the chance. It is sad that he does not have the grace enough to be grateful that after four years of rental, his investment needed very little work to go to market - and none of that work was related to his tenant.

I will contact the organization you referenced. I appreciate it very much. Truly.

[tomocox]

Yes, they are correct. The lease remains valid, but you don't have to cooperate with contractors. That is the point I am attempting to make.