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crowangyl24 · Sep 26, 2008, 12:07 PM

We set up rental of a condo for Nov and paid in full the agreed amount for the time. We where then notified that the condo was sold but was told everything was going as discussed. The closing was yesterday, well then today I got a email from the new owner saying that " We apologize but the unit will not be available for your stay. We will be here having work done." They had said before in another email that because of the agreement with the previous owner they where not making enough to cover their costs. I am now stuck with no place and waiting for a refund apparently. Now looking for another place and there is nothing even close to the price everything is at least double. I didn't think that they could do this. I am not sure what we can do.

ScottGem · Sep 26, 2008, 12:22 PM

You need to define what you mean by "set up rental of a condo for Nov and paid in full the agreed amount for the time".

If you signed a lease or contract that said you were to occupy the space in Nov and you paid the agreed upon amount, then that contract is binding on the new owners. You can sue them and force them to provide the rental.

Was this only for one month?

excon · Sep 26, 2008, 12:58 PM

Hello crow:

You can't really sue until you have damages. Therefore, if you have the lease as Scott said, you'll be able to recover the extra amount you are going to have to pay.

Before you sustain damages, you can certainly let them know that you WILL sue them if they continue to breach their contract.

excon

Fr_Chuck · Sep 26, 2008, 01:37 PM

Please provide the additional information, was this a written lease, a written month to month or a verbal month to month. Even on the verbal there is obligations to allow rental for the one month, but if you have a written lease the new owner is under obligation to allow you to live there or buy out your lease at a agreed to price.

crowangyl24 · Sep 26, 2008, 01:55 PM

We didn't have a written agreement just the emails back and forth between our parties. These emails clearly state the terms of the agreement (rate, dates, address, check-in details, etc.) Then we paid in full for the 10 days we where to rent it. The new owner had emailed me saying she wasn't happy about us renting it at the rate he gave us because they where not making any money. The closing was yesterday on the condo and then I got that email this morning. I have been looking for a place to stay since then and everything I have found that is comperable to there place is at least $1000.00 more.

ScottGem · Sep 26, 2008, 08:30 PM

If you had an agreement with the previous owner, that agreement was binding on the purchaser. If you can prove the agreement and that the new owner knew of it before purchasing, then they can be compelled to go through with the rental.

crowangyl24 · Sep 26, 2008, 08:55 PM

This is what they just emailed me.
Please note the following:
1. We never agreed on any terms of any agreements, as we just purchased the unit yesterday.
2. We never received any money from you.
3. We do not have a signed rental agreement which states all of our terms and conditions of renting our property. This is a requirement of ALL the rentals we provide. Among other items in our rental agreement is venue and jurisdication for disputes.
4. Further, there is no shortage of rentals in this immediate area, some of which we have given you contact numbers for. Therefore, you have no damages, even if we had an agreement, which we don't.
5. Our purchase of this unit did not have an stipulations that we had to accept any prior agreements. We have the right to occupy OUR property, you don't.
6. You clearly stated that a result of our not reaching an agreement would result in your demand for your deposit back (which I understand the previous Owner is sending you) and that you would rent elsewhere.

You can proceed with a suit if you wish. Doing so will result in a counter claim for all legal fees incurred and we will pursue other damages for having to deal with your threats and for our time.
WE WILL NOT RESPOND TO ANY MORE E-MAILS FROM YOU.

froggy7 · Sep 26, 2008, 10:32 PM

I'm curious... let's say that the new owners have to agree to the rental for the ten days (which makes it sound like this is a vacation rental). Is there anything that would prevent the new owners from having work done on the unit at the same time? Say that they wanted to do some painting, replace some light fixtures, and replace the plumbing fixtures. There's nothing in that which would make the place unlivable (I know... I've lived in a spot while doing some remodeling), but it would make it uncomfortable for the tenant.

I do find this case interesting, because the general situation is that the tenant is living there when the new owner closes escrow, and it is reasonable in that case that the tenant not be inconvenienced by the sale and be allowed to live out the lease. But in this case, it's a future rental. And a very short one, at that. And it doesn't seem quite as fair to hold the new owner captive to that agreement. For example, what if this rental was going to take place until a year after the closing, and the new owner was intending to live in the place? Would they move all their stuff in for a 11 months, move out for a week to allow the tenant's rental, and then move back in?