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View Full Version : Rent to Own Agreement Breached


nekeysia
Nov 14, 2008, 11:43 AM
What are my rights as a landlord/seller when a tenant/purchaser breached a notarized agreement to rent to own? The tenants put a downpayment on my home and signed a rent to own contract with the agreement to purchase within 2 years. II put a ad in the housing section of the local newspaper while I still lived in the home for rent to own. The couple came to see it and they liked it and called me back to agree to a contract. I had over 30 people call for this house, but I chose the couple. We did a final walk-thru, gave them the keys and they agreed at that moment that everything was in good working condition. They moved in on Nov. 2nd I got a call 2 days later from them saying the house is too small and they didn't want to live there. I told them fine and after some internet research found out that they don't get their deposit back as stated in the contract. They gave me the keys back 2 days after that and agreed to pay me the month's rent minus $100 I took off. The husband signed a promisory note to pay on Nov. 11th and I have not heard from them since, even after calling him several times. Can I sue for the unpaid month and the fact that they didn't give me 30 days notice?

ScottGem
Nov 14, 2008, 12:13 PM
This should all be covered under the terms of the contract. Generally, if the buyer reneges on the contract, they walk away leaving any monies they paid. Or they stay as renters again forfeiting any downpayments.