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Written Rent-To-Own Lease Not Given
I live in Delaware and my huband and I signed a 1-year rent-to-own Lease agreement for the period Jan. 15, 2007 through Jan. 14, 2008. We asked our landlord what happens at the end of the year and he said that we would re-negotiate the lease and continue on. We were very concerned about this because the agreement stated that the rent we had paid would go towards the purchase of the home. Our landlord kept stating that he would give us a new written lease and never did. We continued to pay rent and he continued to be the landlord etc... the same after the year passed. Now we are at the point of purchasing his home and since we did not purchase it during the first year he is saying that once the year passed we were under a "holding over" clause and on a month-to-month rental basis and none of our rent can be counted towards the purchase of his home?? He failed to give us a new lease, but continued with the lease relationship?? Do we have any recourse?? I thought you were considered as "holding over" if you continued living in the property against the Landlord's will.
Our landlord continued to assure us that he would provide a new written lease and never did and now wants to say that we were just renting on a month to month basis under a holding over clause?? / I am hoping that his continued acceptance of our rent payments, his still acting as our landlord (repairs etc... ) and (acknowledgement of us buying his home) will serve to prove that we were not holding over (for over 1 1/2 years?) and that he did in fact owe us a new written lease subject to the same provisions of the first one... |
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Actually you got screwed and there isn't much you can do about it since you didn't cover yourself. Most rent to own contracts state that the buyer has x period to obtain financing. If they don't then whatever they have paid is forfeit and they have become just regular renters. Didn't you read the contract before you signed it? Didn't you get a copy? If the landlord didn't give you a copy after you signed that would have been a big red flag right there. And your landlord promising a new written agreement without following through is another red flag. So, unless you have proof that he agreed to extend the contract (and continuing to accept payments is not proof) then you are probably out of luck. |
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