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    kreigerpa1's Avatar
    kreigerpa1 Posts: 2, Reputation: 1
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    #1

    Jul 28, 2012, 06:59 PM
    Short sale of 2 unit rental property in Pennsylvania
    I rent a unit in a two-unit property in PA, I have a year-to-year lease which automatically renews if either does not notify the other within 30 days of the renewal date(which is July 31). I have rented from landlord for the past 15 years.


    The landlord filed for bankruptcy in early 2010 and it was discharged just recently. During that time he has been attempting to sell the property, last August he had a sales agreement on the property, in which he agreed to provide the property vacant, which he could not do since I had a lease. During the past few years while he has been in bankruptcy I often had paid the utility bills and paid for the upkeep. My lease does provide a clause that I can do this without the landlords permission. Anyhow, he took me to district court for eviction on non-payment of rent, he lost and the sale fell through.


    In December 2011 I was advised by the landlord(in writing) that he was no longer collecting rent on the property, so I have put that money into a escrow account.


    I now heard that he has a SHORT SALE for the property, so in the past week I received an e-mail from him that he expects me out by July 31st. I never received notice from him or his lawyer of lease not being renewed, so it is now in effect until July 31, 2013. He claims such a letter was sent.


    I suspect he will now try to get an eviction order in district court to get me out, and again I will have to defend.


    Most likely the buyer wants to make it into a single unit home and live in it, in a short sale doesn't the lease become the responsibility of the new owner.

    I realize that at sometime I will have to move out, I have lived there for 40 some years(owning property for 25 plus). What are my options when that time comes?



    1. Security Deposit he has held for 15 years plus interest. Do I get back w/interest?

    2. Basement flooded and distroyed my washer and he refused to pay to replace?

    3. Quiet Enjoyment, it's been 2 years of hell, lookers running through all the time, very seldom giving 24 hour notice.

    4. Can I sue for return of rent paid over last two years that he pocketed and did not use towards mortgageen I?

    5. When I do move, can I get relocation money?

    6 Legal fees, can I get my legal fees and for my attorney costs if I sue him.

    7. What a "KEYS FOR CASH"?


    NEED ADVISE ASAP
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 28, 2012, 07:16 PM
    1) Yes

    2) What caused the flood and what about insurance?

    3) What is your question?

    4) No

    5) Not likely

    6) Sue him for what? Generally the defendant may get legal fees, not the plaintiff

    7) Keys for cash is when a tenant is paid to end a lease early.

    In ANY sale, the buyer must honor an existing lease. If he can prove he sent a letter on time, he may win an eviction fight,

    If I were you, I would try to negotiate a buyout to get out ASAP.
    kreigerpa1's Avatar
    kreigerpa1 Posts: 2, Reputation: 1
    New Member
     
    #3

    Jul 28, 2012, 08:56 PM
    The flood was caused by a sewer blockage in the other unit(fem product), he claimed his insurance would not cover it, and my renters insurance has a $1000.00 deductable.

    Could I sue him for for not allowing me "quiet enjoyment" of the rental that I was intitled to.

    I was the defendant in the eviction case last year.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jul 29, 2012, 07:20 AM
    Did you file a claim against his insurance? Or did you just take his word for it?

    Did you ask for court costs when the eviction request was denied? If not, you lost your chance.

    He is entitled to show the property. If he did not give sufficient notice you could have refused entry. You can't sue for damages about quiet enjoyment. You could use it to break the lease, but that's not what you want.

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