Ask Experts Questions for FREE Help !
Ask
    semajjames01's Avatar
    semajjames01 Posts: 3, Reputation: 1
    New Member
     
    #1

    Oct 30, 2009, 05:28 PM
    Landlord has given me a 60 day notice
    My landlord is going into foreclosure. She has filed bankruptcy and has told us that we have to vacate the premises by Dec 1. I have found a place and will be vacating the premises on Oct 31. Do I have to pay Nov rent? By the way her notice was dated Oct 1. She states that she was giving us 60 days. Please advise. Secondly, can I sue her for moving expenses, for it was not in our plans to have to move in 5 months after just having moved from south Florida to the atlanta area.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Oct 30, 2009, 08:00 PM

    Do you have a lease or is this a month to month rental.

    She can not give you notice to move that can be enforced if you have a lease by merely being "in" bankruptcy or foreclosure.

    You and the landlord can reach an agreement together to move out if you have a lease.

    So need to know if you have a lease or not to answer properly
    semajjames01's Avatar
    semajjames01 Posts: 3, Reputation: 1
    New Member
     
    #3

    Oct 30, 2009, 08:48 PM
    Yes, we have a 12 month lease. I am not sure if I believe her reasoning for breaking the lease. It all seems questionable. We were great tenants, quiet, took great care of the place, and paid before the 1st of the month. It was not my intentions to move this soon. We were planning on staying for at least 2 years. We went through a realtor thinking that we would be able to find someone that wouldn't screw us, but end up getting screwed anyway. I read her notice and it says that she is giving us a 60 notice and we need to vacate the property by Dec 1, 2009. She said that she filed bankruptcy in Sept. At this point, I can not trust anything that she says and do not want to get a notice on my door to vacate the premises within 24 hrs. Fortunately, I was able to find a place and so I'm leaving. I don't think it's fair to have to risk finding a place by Dec 1 in the middle of winter during holiday season. For some reason, she feels like she is entitled to her 60 day rent. Thoughts?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Oct 30, 2009, 09:37 PM

    Hello s:

    She broke the lease. Therefore, in my view, you're not obligated to pay Nov rent. Yes, I think you can sue her and win your moving expenses too...

    However, you've got TWO problems... Well, one really. She's BROKE. That probably means that you're going to pay November's rent anyway because I'll bet she does NOT have your deposit.. And, even if you might win your moving expenses, you'll never collect. Remember, she's BROKE.

    Certainly let her know that you're moving, clean the place nicely, and arrange a walk through with her.

    excon
    semajjames01's Avatar
    semajjames01 Posts: 3, Reputation: 1
    New Member
     
    #5

    Oct 30, 2009, 10:35 PM
    Thanks excon. I was thinking the same thing. I may not be an attorney, but I'm not an idiot. Just wanted to get some feed back to make sure, in the midst of this mess, that I wasn't losing my mind. She's crazy. I've been more than fair. And if anyone should be irritated right now, it should be me.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #6

    Oct 30, 2009, 10:40 PM

    You have a right to be irritated but Excon is right.

    You could sue, you could win, but collect? Not likely, not if the landlord is filing for bankruptcy.

    You can't get blood from a stone, so why try? You'll just end up wasting your time and money.

    Sadly this is the way life is. Justice isn't always served.
    sherice1977's Avatar
    sherice1977 Posts: 53, Reputation: -3
    Junior Member
     
    #7

    Nov 2, 2009, 08:57 PM

    No You do not have to pay you can stay there until the bank kicks you out and that takes 1 year I have seen it happen to many times

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can a Landlord give me a 3-Day notice plus a 30 Day notice to quit all at once? [ 7 Answers ]

Hello I need to please know what is the legal procedure to an eviction notice? My fiancé and I and my 3 children use to live in Buena Park in Orange County and we still currently work in Orange County and comute Mon-Fri about 1hr and 15mins each way. When we heard from a far away causing...

Landlord getting foreclosure notice [ 1 Answers ]

I have been renting a townhouse in NJ for over two years. My landlord owns several properties. Recently he has been getting notices regarding foreclosure help. I believe he was also served papers. When questioned, he denies this, although I don't believe. What should I do regarding the rent? ...

30 Day Notice To Landlord [ 3 Answers ]

On June 3, I advised my landlord in writing that I intended to move out on August 1. I had a month to month agreement. On June 6, I changed the intended move out date to July 15. My landlord was leaving town and informed he would not be back until after July 15 and would do the walk through with me...

30 day landlord notice [ 1 Answers ]

What is the legal law in CA to give a 30 day notice to a tenant?

Landlord notice of entry in KY [ 10 Answers ]

Hello everyone. I am new to this forum. I stumbled across it while goggling for the answer to my question. Here is the situation. My brother and sister-in-law are having a lot of problems with their landlord. They have been under lease for almost a year now. The lease expires in June and they have...


View more questions Search