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View Full Version : Can I terminate my lease legally with a 30 day notice


teresa723
Aug 4, 2008, 08:27 AM
Our landlord has put us in a uncomfortable situation with our lease. She signs a new lease with us on July1st and calls 2 weeks later to tell us we need to do a short buy or she will find someone who can do it. We found another place and are moving in on the 15th of this month. We gave 30 day written notice. She called me screaming and threatening. What worries do I have?

ScottGem
Aug 4, 2008, 08:46 AM
You signed a lease on July 1 for how long? If you signed the lease, you are obligated under the terms of that lease.

What did she say when you gave your 30 day notice?

rockinmommy
Aug 4, 2008, 09:09 AM
Our landlord has put us in a uncomfortable situation with our lease. She signs a new lease with us on July1st and calls 2 weeks later to tell us we need to do a short buy or she will find somone who can do it. we found another place and are moving in on the 15th of this month. we gave 30 day written notice. she called me screaming and threatening. what worries do i have?

She wanted you to do a short-buy, as in buy the property? If this is the case, what's happening is the house is going into foreclosure and your landlord is trying to prevent that from happening. Is that what's going on?

It doesn't effect the validity of the lease. Both you and she are still responsible for whatever the terms were. The two of you can mutually agree to terminate. But in the situation you described she can sue you for breaking the lease. I can understand why you got concerned, but it's not enough to get you out of the contract.

excon
Aug 4, 2008, 09:34 AM
Hello teresa:

When someone buys a rented property, they inherit the lease. From the tenants perspective, nothing changes except the address where they mail their rent.

However, when a foreclosure happens, the lease ENDS. I don't know if we KNOW what happens to people after that. I think most of us think that you're given 30 days to vacate. But we don't know. Landlord tenant laws do NOT address this issue.

Nonetheless, from a legal perspective, until that happens, you ARE still, as you have been advised, responsible for your lease/contract...

However, in the real world, you are between a rock and a hard place. I don't recommend you violate your legal agreement, however it may be in your interest to do so - at least More so in your interest than waiting for the other shoe to fall.

As long as you understand what is going to happen, you have some choices to make. Will she sue you for a months rent?? I don't know. She's got her own troubles to deal with. You are probably at the bottom of the list...

But, if you keep on sending her money, you are going to be faced with a situation where you must come up with lots of money to pay rent and deposits again (you probably will NOT get a nickel back from your present landlord), and you'll have to find that lodging within a 30 day time, OR LESS.

What happens if she's foreclosed upon the day AFTER you've sent your rent?? Nope. I think you should look out for #1.

excon