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-   -   Settlements am I entittled (https://www.askmehelpdesk.com/showthread.php?t=317995)

  • Feb 16, 2009, 09:50 AM
    badray
    Settlements am I entittled
    I have a lease but my ex landlord sold the co-op and told the new owner that I do not have a lease. I have been given court papers should I see the judge or settle before and am I entitled to any payment or something from my ex- landlord or new landlord.
  • Feb 16, 2009, 10:08 AM
    excon

    Hello bad:

    Who is suing/evicting you? The new owner? You can try to settle with him, by showing him your lease.

    If HE has a problem with that, the problem is with the OLD owner, not you.

    If that ends it, no, you're not entitled to damages, because you haven't suffered any.

    You MIGHT, though, in the future, as this thing works itself out. Send the plaintiff a copy of your lease by certified mail, return receipt requested.

    excon
  • Feb 16, 2009, 10:20 AM
    LisaB4657
    If you have been given a court date then you absolutely must appear in court. Bring your lease with you! It would be helpful if you contacted the new landlord first and sent them a copy of the lease. But under no circumstances should you miss the court date!
  • Feb 16, 2009, 12:00 PM
    ScottGem

    Assuming you can produce a copy of the lease showing an future expiration date, then you are safe. Just bring that to court and any eviction proceeding will be dismissed.

    The new owner, would then file suit against the old owner for falsly representing the status of the property.

    However, if lease has expired or you can't produce a copy, then you will be considered a month to month tenant and the new owner can terminate the lease with notice of one rental period (maybe less depending on the state laws).

    Finally, obviously the new owner bought with the idea of occupying the property themselves. So, even if your lease is ownered as soon as it expires you have to vacate. You might offer the new owner that you will move out as soon you find a new place if they help with the moving expenses.

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