Tenant/Landlord dilemma...need help!?

2015-03-20 11:16 pm
Here is the deal...My lease is up on May 1st, but I have no where to go. Landlord said he cannot afford to keep the place, it is costing him $150 a month more than I pay. I offered to pay more, he didn't seem interested. He had me sign a notice to vacate...why? I have an excellent rental history with him for 3 years. With my low income and credit history, I don't think I am going to find a place without some extreme luck. Do I have any recourse legally since it could cause me to end up homeless?

回答 (9)

2015-03-21 1:38 am
✔ 最佳答案
The landlord had you sign a notice to vacate to prove that he gave you adequate notice to move at the end of your lease in case you refuse and he has to go to the court and get an eviction order. Plain and simple. If he's not interested in accepting that $150 from you there's no way to talk him into changing his mind. He's got his signed notice, you've got to go.

There is no legal recourse for you. Unfortunately this is just one of the perils of renting. You seem to be taking it personally... don't. Although it is the place you have made your home and that is inherently personal to you, it's always just been a business deal between you and the property owner. That business deal is simply coming to an end.

Instead of spinning your wheels looking for a way to make him let you stay when you already know you can't, redirect your energy into actually looking for a place. It may be easier than you think, though it may not be the nicest selection of rentals on the market, you still have almost a month and a half to secure one. So start calling them up. Ask them what they require to move in and if you don't have the deposit money, call the Salvation Army and explain the situation; they may help you out with a one-time payment toward the deposit to keep you from being homeless.

Some of life's toughest situations simply call for us to stick out our chins and get to work in order to make it through. That's what you need to do now. If you can't find online listings for rentals get in the car and drive around looking for For Rent signs in front of what look like lower end rentals. Post a "rental wanted" ad on Craigslist giving the amount you can pay per month. Start asking friends if they know of any place you could rent. Your future is in your hands, so grab on and steer. Just don't play victim until it's too late to do anything about it. May 1st is farther away than you think and the good news is that excellent rental history will do more for you than you think, too.
2015-03-21 2:04 am
Sorry, but HE owns the place and can decide if he's going to continue to rent to you or to anyone. You can force him to take you to court and evict you, and buy a month or two of time, but then you'd have an eviction on your record and would have an even harder time renting somewhere else, When you're evicted, if you don't go on your own, the sheriff comes and escorts you out. You don't want that.
2015-03-21 12:07 am
Rent a motel room temporarily & until you find something permanent. Put your stuff in storage or sell some of it. There's nothing you can do. He can't afford to keep the place, so you have to move.
2015-03-21 12:03 am
Once your lease is up then he can evict you if he doesn't want to offer you a new lease. But he has no need to do that now that you volunteered to leave by signing a notice to vacate. You need to start looking right away for a new place. There is no legal recourse I can think of in this case.
2015-03-20 11:38 pm
You have to move. Put your furniture in public storage and rent a room, just to get out of there. You are not homeless, you are in between apartments, there is a big difference. You can go to a homeless shelter if you want to be dramatic about it. Just take action/
2015-03-21 12:13 am
Good answer from magicbird.

However, if you can afford to pay that $150 extra, there may be an easy solution.

Very easy. Real estate investors call it "Subject To," as in acquiring a property subject to an existing mortgage.

Let's say you're paying $600 a month. We'll keep this simple and assume that the mortgage is $750 a month. Here's what you say: "Mr. Smith. I've enjoyed living here for three years. And you know that I'm a good, responsible tenant. And frankly I need a place to live. And it sounds like you may be having trouble holding onto this property. I think I have the solution. You deed the house over to me. Although your name will still be on the mortgage, I'll make the full mortgage payments. At some point in the future, I'll either refinance the property or I'll sell it. Either way, that will remove your name from the mortgage. Your house and your credit will be saved, and I'll have a place to live."

Note: The landlord's mortgage likely has a "due on sale" clause which--honestly--says he can't do that. But that does NOT make it illegal. Also, this strategy only works if the mortgage is current or, if it's not, you can make up any back amounts owed.

Check with a real estate lawyer who is "investor friendly." He/she will understand this strategy. Again, it's called "Subject To."

Hope that helps.
2015-03-21 2:21 am
He had you sign because he wants you out. You have no recourse whatsoever. He isn't forced to house you beyond your lease, period. Your inability to find a new place is NEVER his problem.
2015-03-21 12:26 am
What legal recourse do you think you would possibly have? It's HIS house, not yours, and if your lease is up, his obligation to you is OVER. You have far more than a month to find a place. If you have a poor credit history and low income, you should be doing something about that as well, in addition to finding a new place to live.
2015-03-21 12:05 am
If he cannot afford to keep it then it does not matter how good of a tenant you have been. You need to vacate before it gets sold or foreclosed on. A landlord can ask you to vacate at the end of your lease for any or no reason. Being homeless will not stop a notice to vacate. It is not illegal to make someone homeless so no there is no legal action to take. This is a business plain & simple. The landlord is losing money & not running a charity. You have been served a notice to vacate & he can legally evict you if you refuse to move out.


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