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tracined
Feb 16, 2010, 06:07 PM
We met a young woman who entered into a six month lease with us to rent "her" house. We found out after moving in that her mother used to own the house, but lost it to foreclosure in 2008. She, apparently, had been squatting in the house since that time.

We paid her the first months rent of $1200 before finding this out. She waiived a security deposit because the house was in need of repair and applicances, which we fixed and/or replaced. i.e. water heater, stove, central heating, and more...

We contacted the title company who gave us the name of the bank that bought the house at auction in an attempt to find a real "landlord", but no one returned our calls. We also met with the Mother who lost the house as she said SHE still owned the house and offered her rent, but she said she could not accept money as it would be illegal, but asked us to leave. Needless to say, after the difficulty and cost of moving in, we were not prepared to just move out upon request...

The daughter was incarcerated for 3 weeks for an unrelated problem, and when she got out, came by and injured my Mother while forcing her way in the front door trying to "reclaim" the property! She said she did not know us, but was told by the police that it was now a civil matter. She then served us with a U.D. which we won in court. The judge found that she had no right to rent us the house let alone ask us to leave.

The six month "lease" was up on Feb. 12, 2010, but on Feb. 9, 2010, we were served another U.D. by the Mother this time who had been given back rights to the house due to a "wrongful foreclosure?".. What a mess! She served a 30 day notice to her daughter who had lived here for more than a year, and all occupants, prior to the U.D..

We were prepared to move anyway, but my question is this:
Is the U.D. able to be contested to allow us a little more time since she should have served a 60 day notice? And due to alll the difficulty and trouble AND legal headaches we have from her daughter, can anything be done on our behalf?

AK lawyer
Feb 17, 2010, 10:41 AM
...
We were prepared to move anyway, but my question is this:
Is the U.D. able to be contested to allow us a little more time since she should have served a 60 day notice? And due to alll the difficulty and trouble AND legal headaches we have from her daughter, can anything be done on our behalf?

If she should have served a 60-day notice (if you say so), you can probably require her to do so.

You are asking if you can successfully sue for the agrivation? Probably not.

twinkiedooter
Feb 18, 2010, 08:25 PM
Have you actually gone to court and a Judge ordered you to vacate the property?