[bluse]

I live in an apartment in San Pedro CA and the owner is in the process of selling the building. We agreed to take the offer to move "voluntarily" with the help of relocation money. I am under rent control and the escrow should close sometime between the 8th and the 12th of Dec. (a few days). We knew the building was being sold so we already found somewhere to move and signed a lease. But we cannot move in until we give them the first months rent and deposit. We weren't planning on moving before this all started so we don't have the money saved for that kind of payment. The soon to be new owners don't want to pay us until they see that our apartment is empty. I have nowhere to go, so my question is can they do that? Just make us leave before they give us the money? Then when they see the unit empty, then give us the money? Is that legal? We were told by the old owner that we would receive the money the same time that escrow closes that's the only reason we agreed to move by the 9th. We thought we would get the money before we moved and everything would be fine but now they're changing their story. Someone please help!

Thank you all for your advice but the new owner does not want to buy the building unless everyone moves. So they are saying were not making you move, you "voluntarily" took the offer to move. My problem is that I want to move, my family size is too big for this tiny apartment. So when they offered me this opportunity I took it. I have money to make monthly payments on a bigger apartment I just don't have the money saved to pay first months rent and a deposit. And if the new owners don't buy then the recent owner will foreclose the building and it will go to the bank. I already signed a lease with the other place I found. I do have a contract saying that they will pay me the relocation fee it just doesn't say when they will give us the money. The owner said he was going to give me a copy of the document with both our signatures on it but he hasn't done that yet. I'm scared to get screwed out of this agreement I don't have the proof of the document. When I tried to call the new people who might buy, they said we're not giving you anything until you are out of the apartment. She has a real snotty attitude. My contract for the new place starts on the 9th of Dec. or a few days latter given my situation. I have nowhere to go if I leave. What am I suppose to do? I have small children I don't want them stuck in this situation like this.

[Cvillecpm]

Yes - you are being paid to RELOCATE you need to RELOCATE. Put your belongings on a U-Haul truck, clean the apt and camp out with friends so that they see the apt is empty and will give you the $$$.

[excon]

Hello bluse:

Yes, you are being paid to RELOCATE. YES, you should go, but life doesn't always work out that way.

If the first place, YOU have the leverage in this situation, NOT the landlord. I know that you're not trying to use it (now), but keep that fact in the back of your mind while you negotiate.

Look, you don't want anything other than what they said you would get. You just need it now. Makes sense to me. WRITE them a letter. HAND deliver a copy. Send copies to the new owner, the old owner, and the escrow company. Tell them exactly what you told us here. Finish with the fact that you'll just have to stay where you are, if you can't get the help they promised you.

What you're saying is that they'll have to evict you, and that will cost them much more than simply giving you what they said they would. I'll bet they'll add things up, and send you a check.

excon

[Fr_Chuck]

This should have been cleared in a written agreement you have with the new owner and the old owner.

The agreement should be in writing, if you don't have anything in writing it is possible that the other party may not try to live up to it.

The new buyer is subject to accept any previous lease you have with the seller, so you don't have to move, so if they want you to move, it is in their best interest to have you move.

So you can merely tell them, if you are not going to pay us, we are not going to move, I would say they may change their minds quickly.
But they should want it in writing also, since after they give you themoney, to move, if you don't, they will be out that money and have to sue and evict you for fraud

[excon]

We agreed to take the offer to move "voluntarily" with the help of relocation money..... I am under rent control

Hello again, bluse:

The Padre, as usual, is right on! When you say you accepted their offer "voluntarily", does that mean that you think that if you DIDN'T accept it, they could INVOLUNTARILY make you leave? They can't make you leave at all!

As Fr. Chuck said, they inherit your lease along with the building, and must accept its terms. I don't know this, but I suspect, because the building is rent controlled, they would have an even more difficult time getting you out, than if it wasn't. Call the authority that regulates the rents.

So, if you want to stay, prop your feet up and make yourself comfortable. You're home.

excon

[Fr_Chuck]

Sorry Scott, I tried to merge the posts and ended up deleting yours by accident, I copied and pasted them here, have to work on that feature

Quote:
Originally Posted by bluse
Thank you all for your advice but the new owner does not want to buy the building unless everyone moves.


But, you see, this is THEIR problem, not yours.


Quote:
Originally Posted by bluse
So they are saying were not making you move, you "voluntarily" took the offer to move.


And you can voluntarily "untake" it now, until they give you proof of the nature of the offer. Furthermore, the time to fight this out in court? It would make more sense, financially and for the purposes of timeliness, to work with you on this matter, not againt you.


Quote:
Originally Posted by bluse
My problem is that I want to move, my family size is too big for this tiny apartment. So when they offered me this opportunity I took it. I have money to make monthly payments on a bigger apartment I just don't have the money saved to pay first months rent and a deposit. And if the new owners don't buy then the recent owner will foreclose the building and it will go to the bank. I already signed a lease with the other place I found. I do have a contract saying that they will pay me the relocation fee it just doesn't say when they will give us the money.


Even if he could just "foreclose" (which isn't quite so easy as he'd make you think -- and would hurt his credit so much I cannot imagine using that as a threat), it will take time. Oh, and after foreclosures? People still living in the building must be evicted. Which, depending on the jurisdiction, can take some time.


Quote:
Originally Posted by bluse
The owner said he was going to give me a copy of the document with both our signatures on it but he hasn't done that yet. I'm scared to get screwed out of this agreement I don't have the proof of the document. When I tried to call the new people who might buy, they said we're not giving you anything until you are out of the apartment. She has a real snotty attitude. My contract for the new place starts on the 9th of Dec. or a few days latter given my situation. I have nowhere to go if I leave. What am I suppose to do? I have small children I don't want them stuck in this situation like this.


I don't blame the owner-to-be for refusing to pay. However, the current owner seems to cutting off his nose to spite his face. He very well may lose his buyer completely if he cannot present the building under the terms he promised. And since paying you the amount now will allow him to do so, it seems he should just pay the small (relatively speaking, that is) amount to you to get the large amount from the sale.

Do not let them intimidate you by using words like "foreclose" or "evict". Learn your rights and make it clear to the current and future owners that you know them. Your kids will be OK.





First, its not a good idea to start a new thread, especially without referencing the previous one. This is especially truu in this case since we need to see the whole thing to advise. So I've requested the threads be combined.

Second, the offer you accepted that specified relocation fees, was that in writing? If so, show it to the new landlord and see if they will temporarily waive the first month and deposit. If not, then my advise would be to do anything you can to borrow the money from relatives, friends, cash advance whatever.

The current landlord is apparently anxious to sell, so anxious he's willing to offer relocation allowances to get everyone out before closing. Since the buyers have apparently stipulated they will only buy an empty building.
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Hope this helps, Scott u P.S. Please post a response to let us know whether our answer helped o