[suzi888]

Is it legal for a landlord to walk in hand you a lease option paper asking for a high amount of money and give you 30 days to move if you do not have it? Then to ask for a counter proposal which I did, all in writing he had not seen it we discussed ot over the phone a agreed I sent a check he cashed it, now has changed it again,he had agreed to my lease option propasl cashed my check, I only wrote the check thinking this was for a lease optoin we had agreed on. I feel ripped off completley and out money what can I do, again he gave me nothing in writing just took check and changed everything. I feel like by cashing that check he accepted my proposal. Is there somethignthat can be done?

[RickJ]

What do you mean "cashed it again?" You sent him 2 checks? He cashed both?

In saying "i feel like by cashing that check he accepted my proposal" you recognize the key: Much of this will depend on the language of his lease option/30-day notice - and if those check(s) he cashed can be shown as evidence of the acceptance of the agreement by the both of you.

How much is your normal rent payment?
And how much was he asking for in the lease option?
When did he give you the option?
How much were the checks he cashed (each) and when did he cash them?

One thing you need to do in the event this goes to court is have an accurate timeline of what's gone on here.
1. When you got the notice - with a copy of it
2. Phone conversations you've had with him and what was talked about
3. Date and amount of check(s) sent to him.
4. Date(s) he cashed the check(s)
5. Date(s) and copy of any written correspondence
6. Etc.

Clarify some of these details and we'll go from there.

[suzi888]

I miss typed there was only one check. His original proposal was 2000.00 a month with a partial amount going towards the purchase of the home. With another 2000.00 security deposit. My origanal rent is 1150.00 which I have been paying for almost 2 yrs. I was given the paper on feb 29th and told if I did not give him the money buy march 1st I forfieted all money and was to be out by the end of the month. I counter offered to him. 1700.00 a month for feb and march that was to be 1200.00 rent and 500.00 towards security totaling 1000.00 extra to my origanial security deposit of 1150.00 and then starting April I was going to pay 1500.00 a month with 300.00 going towards purchase of home for 1 year. That was 4 days after he gave me 1st propasl, we spoke on the phone he agreed and said we would write it all up so I felt better about it, sent my 1700.00 which he cashed 7th of feb on the 8th he and his wife came over and changed it again and said lease option 1800.00 a month with 600.00 towards purchase or rent solely for 1500.00 and that other 200.00 towards security. Now all the while if I choose the rental option the house will be for sale and realtors and the like will be over and calling my work disruption of mine and my children's life. I feel he had no right to cash that check without consulting me first about changing things again. I would have liked and option now I feel very ripped off with no option, at this point I can not move if I wanted to.

[RickJ]

You'll have to be a bit clearer.

If on the 29th he proposes something, then what monies is he talking about that would be forfieted if you do not accept?

Am I right to see that there was no agreement of any sort about "leasing to own" prior to his proposal?

I am leaning toward thinking that you have a case, but the explanations you are giving are very confusing.

Take the time to lay it all out clearly and chronologically: It's all about exactly what was said and done and when.

It's very touchy. He might be able to say he cashed the check as rent if there is not good documentation that shows he cashed it in acceptance of your counter.

Assuming hiring an attorney is not a financially feasible option for you, I'd contact the Public Defenders Office to see if you qualify for legal aid - and if this would be an issue they could take up for you. There might be other organizations that could help you, too: maybe Mayors Action Committee or other group that works special Consumer Protection issues.

It's a tough one... but let me assure you of this: It will hinge on how clearly you can spell the situation out. I'm sure that if a Public Defender, Referee or other person in a position to help you read your two paragraphs, they'd be scratching their heads.

Take however much quiet time it takes to lay it out as clearly as you can... as if you're preparing it for someone with a Middle School education.

[Fr_Chuck]

Issue one.
If your original lease allows for either party or allows for him to cancell the lease with a 30 day notice, He may give you notice and ask you to leave.

Issue two, can he then after you have been given notice, offer the property at a higher rent and give you the first option to take the new lease. Yes he can.

But at that point is where you tell him bye and good luck in renting it out

Now you have the right to give him a new offer (in writing) nohting is done verbal in real estate. Or if verbal just so he can write up a new lease paper, and you would not pay any new rent money till the new rental lease is in place.

Since there was no written lease and no terms to cancell the new lease, I would assume he can cancell it or not accept it but he will have to return all of your money paid, If he keeps this money, he would be showing an acceptance. ( but you have no way to prove you had any other agreement in place, he could just say you agreed to the full amuont and only paid him partial.

This is general advice, your state or city may have specific laws reqarding notice of evictions.