Our landlord signed a one year lease in July. Now, two months later is telling us the house is being foreclosed on and she has to sell quickly. The realtor has demanded that he be allowed to show the house 7 days a week 8-6 (it is in our lease agreement) although I have given him reasonable hours - 4 hours a day six days a week. He didn't like that I needed a day to myself (Saturday) during what he considers prime time.

This seems like the landlord entered into the lease agreement with the full intent to commit fraud. Wouldn't a reasonable person know that foreclosure was coming for a few months prior to drastic action like she is currently suggesting? The landlord has requested that we stay and pay rent for the next couple of months and then move when she sells the house or when the bank forecloses. She has suggested that she will reimburse two months rent when we leave.

I hate having my privacy invaded even with a 24 notice and so far has been two weekends in a row. Can I sue my landlord for fraud? Does the landlord hold the same responsibilities when breaking a lease as the tenant?

Thanks,

Anything that is in the contract is binding. Your are legally bound to follow the outline of the contract/lease agreement. A landlord cannot be sued for anything granted in the contract that you signed.

OK - Does the issue of her entering into a lease that she had no intention of seeing through matter? If it was a tenant, we would be responsible to pay until the termination of the lease.

I sort of doubt that you could prove intention in a court of law. If you could, you might have a case, but if you can't prove motive, then don't bother.

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Originally Posted by kristin7777

ok - Does the issue of her entering into a lease that she had no intention of seeing through matter? If it was a tenant, we would be responsible to pay until the termination of the lease.

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Doesn't matter if she doesn't see the lease through. If she sells the house, the buyer has to honor the lease. Which she apparently is trying to do. And that's actually an interesting question. If you have a year lease, can she say that you can leave when the house is sold? Whoever buys it may be looking for an income property and relying on the year lease to bring in money right away.

Actually, the landlord is trying to do a short salel to anyone specifically NOT an investor as in my area they are few. Therefore, our lease will not be honored. The realtor has told us that the lease will have a detrimental effect to prospective buyers. The landlord has told us that we will have to move when they foreclose anyway so while we may as well work with her to sell the house and move (with no compensation for our expenses). Am I within my rights to ensure that all prospective buyers are aware that are lease is good until July 08?

"Therefore, our lease will not be honored" This is not a true/correct statement. I think your LL and the agent are giving you double talk, smoke and mirror. If she sells your lease is not altered one bit. You can and must stay, she has no authority to release you after the sale. If it is foreclosed your lease would likely be void. I think she is hoping you'll leave so a non-investor might buy the place for their residence.

ANY sale of the house would include the lease as an encumbrance on the house. The new owner would be required by law to honor the lease. However, in a foreclosure, the leases would be void. So its in your best interests to help him sell the house.

If he's doing as short sale did it ever occur to you to offer to buy? Since, in a short sale, he would not get any money out of it, maybe the bank will allow him to assign the mortgage to you.

As to suing him, you would have to prove there was intetnt to defraud and I doubt if you can prove it.