[terran51801]

I signed a lease and rented a house in April 2009. In July, the landlord called and asked me to start paying less rent because she was short selling the house and wanted me to show it for her. Since I agreed and did so, she said I broke the lease... and I am now on a "month to month" a little background...

*There are many things wrong with the house, and she will not fix them. She says to "move out" and she cannot afford it.
*I have shown the house many times and have been pleasant doing so
* The bank sent out a man to "secure the house" and change the locks this weekend. I talked him out of it...

I emailed the owner and told her that I was scared by the man trying to change the locks this weekend and that I am very unhappy. She told me to stop paying rent and use up my security deposit and to move. We do not agree on the amount of the security deposit. She says I only have 1 month, and my records indicate 2 and 1/2.

My question is, Do I have the right to stay the full 2.5 months in lui of rent to get my deposit back even though she says I only have 1 month? Can she evict me for not paying rent after the 1 month even though she is telling me not to? What rights do I legally have? Will the bank talk to me about the situation? What can I do?

I am a single mother and do not have the $ to move in just 30 days. I thank you for any feedback!

[stevetcg]

A short sale has nothing to do with the lease and the terms of the lease, both yours and hers remain in effect until both parties change them

[ScottGem]

Did you get it in writing or have any proof that you offered you a lower rent to show the place? If you do, then you did not break your lease and, assuming it was a 1 year lease, you have until 4/2010 to move out.

As for not paying rent to use up your deposit, get it in writing including the amount.

If the property is foreclosed on, you will have 90 days or until 4/2010 to move whichever is later.

She will have to take you to court to evict you prior to 4/2010. If she does, you present your evidence or statement that she offered the lower rent and that she has refused to make necessary repairs. There is an excellent probablity that the court will rule in your favor.

As for the bank changing the locks, they CANNOT do that (unless they give you a key) until the foreclosure is final. And even then, under federal law you are allowed a minimum of 90 days to find someplace else.

[excon]

* The bank sent out a man to "secure the house" and change the locks this weekend. I talked him out of it.... Will the bank talk to me about the situation? What can I do?

Hello terran:

The other guys handled a lot of your concerns, but I thought I'd take a shot at one. The bank doesn't own the house, and if the short sale happens, it never will. Therefore, I can't imagine the bank sending somebody out to do something to a property the bank doesn't own. I think it was your landlady.

No, the bank won't talk to you.

excon