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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.
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.
Why would you get your security deposit back early? You could take it and trash the place on the way out. Bet you don't have a prayer of getting it.
And just what makes you think that if your landlord can't pay the mortgage, that you'll get anything out of them for moving expenses? You're grasping at straws I think. Just pull up your pants, take it like a man (or woman) and move on. You'd have to pay moving expenses ANYWAY after your lease was up.
I agree with the previous poster...If she doesn't pay the mortgage how on earth can you think that she will pay anything...stop dreaming wake up to reality and don't *********r credit score which can happen if you stop paying the rent....
I understand that what she is doing is horrible and feel for you, but either you move and send a certified letter to ask your sec. deposit and take pics on the day of moving out to proof you left the place as you rented it....you are still liable till you moved out....
I agree with the previous poster...If she doesn't pay the mortgage how on earth can you think that she will pay anything...stop dreaming wake up to reality and don't *********r credit score which can happen if you stop paying the rent....
I understand that what she is doing is horrible and feel for you, but either you move and send a certified letter to ask your sec. deposit and take pics on the day of moving out to proof you left the place as you rented it....you are still liable till you moved out....
You sound like a landlord. Appreciate your response but I would think somewhere hidden in these lease agreements whether it's written or not, tenents have some rights in taking action against those landlords that don't live up to the lease agreement. You obviously don't know what we are going through having our lives disrupted like this. We wanted to stay. We like it here. We had an agreement that we can stay here until July with a option for another year. I am on disability and moving is very stressful for me. We paid our rent on time every month. We keep the home clean inside and out. This landlord just wanted to make a quick buck back in 2005 and it backfired on her. I guess we will just have to seek legal aid because we are not going to be evicted after the auction without getting what we legally can out of her.
I must say that I agree with sususushi & bentlebee. Also if you really have legal questions regarding things such as "covenant of quiet enjoyment" I would contact an attorney that can tell you about your state/county/etc's specific laws.
I may be wrong here but since the landlord didn't pay the mortgage and is losing the home, they aren't breaking the lease by choice like you're implying. They aren't accountable for your stress & moving expenses. These problems you are facing are things that come with renting. I've seen it over and over in my own neighborhood.
And once again, what do you really think you'll get out of her? EVEN IF you get a judgment for something, I doubt they will be able to pay up right then and you'll have to fork out $ for moving anyway.
I must say that I agree with sususushi & bentlebee. Also if you really have legal questions regarding things such as "covenant of quiet enjoyment" I would contact an attorney that can tell you about your state/county/etc's specific laws.
I may be wrong here but since the landlord didn't pay the mortgage and is losing the home, they aren't breaking the lease by choice like you're implying. They aren't accountable for your stress & moving expenses. These problems you are facing are things that come with renting. I've seen it over and over in my own neighborhood.
And once again, what do you really think you'll get out of her? EVEN IF you get a judgment for something, I doubt they will be able to pay up right then and you'll have to fork out $ for moving anyway.
Just move on...
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.
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.
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?
And to crunchtime, like I said before, quit the self pity and do something about it, find out what the laws are about when you have to move. Around here I've heard of people being in a home with no one to pay rent to (because landlord foreclosed) for a year or more. Even if you can't stay a whole year, and it's just a month and there's no one to pay rent to, then there's your moving expenses...
Quote:
Originally Posted by SuSuSushi
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?
This makes me think of something I told my ex-renter (as of Saturday when she has to move out per the court) regarding her "mold" (mildew) issue which was her excuse to not pay rent after she had already defaulted... I said to her:
"Marilyn, I cannot just quit paying my mortgage where I live, and threaten to sue the inspector that inspected my house before I got it, just because I have mildew."
Just a reminder to stay on topic and refrain from personal attacks
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self pity
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