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sdebbs · Oct 9, 2008, 10:46 AM

I received I 3 day pay or quit on 10/6/08 & I have no intentions on paying, so what will happen next will they have to serve a 30 day notice next or what? Also the lease agreement was up on 9/30/8 so there is no lease agreement in place & I have been in the house for over a year; what steps are the owners supposed to take.

this8384 · Oct 9, 2008, 11:00 AM

They're probably going to file for an eviction, seeing as you haven't paid for October rent. Is there a reason you feel you shouldn't have to pay rent for a house/apartment that you're residing in?

sdebbs · Oct 9, 2008, 11:06 AM

Originally Posted by this8384

They're probably going to file for an eviction, seeing as you haven't paid for October rent. Is there a reason you feel you shouldn't have to pay rent for a house/apartment that you're residing in?

Two thing have taken place, 1.the agreement we had in place ended on 9/30/08 & no new lease was discussed. 2. I received a note on the door stating the owner had not made payments on the home & it was 4mnths behind. The agreement we were in was a lease to option so she was taking my money & not paying as stated she would per the agreement.

rockinmommy · Oct 9, 2008, 11:15 AM

Originally Posted by sdebbs

I received i 3 day pay or quit on 10/6/08 & I have no intentions on paying, so what will happen next will they have to serve a 30 day notice next or what? Also the lease agreemnt was up on 9/30/8 so there is no lease agreement in place & i have been in the house for over a year; what steps are the owners supposed to take.

Just because your lease was "UP", doesn't mean you don't have a lease agreement. Most likely it automatically became a month-to-month agreement at that time with all of the same terms and conditions. So whatever the original lease states for eviction proceedures would still apply.

The landlord's next step would be to go file an eviction suit against you. If they do this you'll be served papers (they may just post them if you're not home - evictions don't typically require service in person) which will give you the hearing date. You can go argue your case, but there's not much of a defense for not paying rent. If you don't show up the landlord will receive a default judgement. Then if you still don't vacate the premesis the can hire the sherriff or constable to come forcibly remove you.

The time frames on all of this vary greatly from place-to-place. Did you say where you're located? There's a "sticky" at the top of this forum with a link to each state's landlord / tenant laws. That might give you a better idea of what kind of time frame you're looking at.

this8384 · Oct 9, 2008, 11:15 AM

I'm confused... were you doing a lease-to-buy option or were you simply a tenant?

If you were a tenant:
1. Just because your current lease ends doesn't mean you're free and clear; it means that your lease becomes month-to-month. You're still obligated to pay rent for October.
2. Did you ask for receipts for the money that you gave her?

If you were doing a lease-to-buy option:
1. Most people agree to a lease for a certain amount of time. When that lease ends, the purchaser(you) tries to obtain financing for the balance that is still owed on the property. It's easier this way because you've been paying down on the purchase price for the duration of your lease.
2. Did you ask for receipts for the money you gave her?

sdebbs · Oct 9, 2008, 11:19 AM

I live in Ca. so they do not have to serve a 30 day(with a lease) or a 60 day notice (without a lease)??

sdebbs · Oct 9, 2008, 11:22 AM

I was doing a lease option to buy the House. Yes, I have receipts for every single payment I have made to her.

this8384 · Oct 9, 2008, 11:26 AM

What terms did the two of you agree to when you set up the lease option(Were you supposed to obtain financing at a certain date, was she supposed to extend the lease if you couldn't, etc.)? Do you have the lease option in writing or only a rental agreement that ended on 9/30/08?

sdebbs · Oct 9, 2008, 11:32 AM

I was in the middle of the financing when we got the letter on the door.We have the lease option in writing

rockinmommy · Oct 9, 2008, 11:33 AM

Originally Posted by sdebbs

Two thing have taken place, 1.the agreement we had in place ended on 9/30/08 & no new lease was discussed. 2. I received a note on the door stating the owner had not made payments on the home & it was 4mnths behind. the agreement we were in was a lease to option so she was taking my money & not paying as stated she would per the agreemnt.

Ok, let me make it very clear that I'm NOT defending the actions of the landlord! But legally you're still a month-to-month tenant, and legally you still owe rent. Until the day the property sells at auction or the bank officially takes it back you're still legally required to pay your rent.

NOW, if you had a lease option that ended on 9/30 and you didn't exercise your option by that date then you gave up your right to buy the property and any money you had paid in up to that point is forfeited - at least if it was a fairly standard lease / option contract. Why did you not exercise your option.

Since I can't personally review your contract and lease to determine who breached what I can't really speak to anything more detailed than that. If you feel that the seller breached the agreement by not keeping up on payments then you need to retain a real estate attorney and go after them.

I do believe that you can for sure be evicted at this point. It's not fair - you're getting screwed (to be blunt), but there haven't been any laws passed yet except in CA that protect people in your situation.

this8384 · Oct 9, 2008, 11:38 AM

As both rockinmommy and I have said, you're still obligated to pay rent for October. You were already 6 days late when you received the notice, assuming that rent is due on the 1st. You cannot just not pay rent for that month because you're still trying to get financing.

You can try to send a certified letter to the landlord stating that you're in the process of obtaining financing as originally agreed upon, but I would recommend sending October rent as well. It's up to her at that point if she wants to let you stay or if she wants to evict you.

sdebbs · Oct 9, 2008, 11:38 AM

That is great I have an appointment with a real estate lawyer today!! & I do live in ca, so thank you so much!!

sdebbs · Oct 9, 2008, 11:41 AM

My reason for not paying had nothing to do with me getting the financing...

this8384 · Oct 9, 2008, 11:42 AM

Or you could always buy it back from the bank, if they end up foreclosing on the property. Who knows, you might even get it for less :)

this8384 · Oct 9, 2008, 11:44 AM

Originally Posted by sdebbs

My reason for not paying had nothing to do with me getting the financing...

Sorry, I wasn't trying to accuse you of anything or put words in your mouth. Some people have done this, thinking the financing will come through prior to rent being due and when it doesn't, then just ignore it.

rockinmommy · Oct 9, 2008, 11:45 AM

OK, you ARE in California.

Well, as far as I know that's the only state that has any sort of protections for people in your situation. (Well, for tenants - I don't know if it addresses options)I'm sorry that I don't know what they are, but there are some. Hopefully someone with California-specific knowledge will come along soon.

As far as your option to buy the house... are you ready to go with the purchase? Are you approved? Do you know how much, if any equity the seller had in the property? Your original purchase price may still be enough to buy the property and satisfy the mortgage.