On the tenant behalf... what is the right of... when the owner does the breaching?
This is a lease 2 contract... (lease to option purchase)... where the owner is requesting the home back to rezide in himself... can this be considered a breach, and what are the (if there is) legal reclaims for damages? Anyone? Please!

My goodness. No. That is not legal. A contract is a contract that has to be fulfilled by both parties. Whether it's the landlord or the tenant. If this ensues then you will have to take them to court. Speak to a lawyer about taking this case on. That's my opinion. Good luck!

Quote:

---

Originally Posted by RandyLee

On the tennant behalf....what is the right of...when the owner does the breaching?
This is a lease 2 contract...(lease to option purchase) ....where the owner is requesting the home back to rezide in himself....can this be considered a breach, and what are the (if there is) legal reclaims for damages? Anyone?? Please!

---

Tenant can continue to occupy the premises, and make the agreed lease payments, for the duration of the lease. The owner would have to seek to evict and, if the tenant is not in breach, would not be able to do so. Therefore there would be no damages due the tenant.

If this is a contract for sale, then both parties must adhere to the terms of the contract. If the owner wants the property back because they want to reside there themselves, they would have to negotiate a buyout of the contract.

If it was a straight rental lease, they could choose to not renew the lease upon its termination.

Quote:

---

Originally Posted by ScottGem

If this is a contract for sale, then both parties must adhere to the terms of the contract. If the owner wants the property back because they want to reside there themselves, they would have to negotiate a buyout of the contract.

If it was a straight rental lease, they could choose to not renew the lease upon its termination.

---

Ah, yes. The option. If owner is announcing an anticiptatory breach, the remedy would be specific perormance of the contract. I.e.: force owner to go through with the sale.