[mrbobbingsworth]

I rented a house through a real estate management firm. The contract that I signed had only one name listed as owner/landlord. Four months into the second one year term, a woman knocks on my door claiming to be the owner's ex-wife. She states that the bank told her that it had not received a house payment in five months and that the house will be foreclosed on. I checked with the real estate management firm and they confirmed that no one has been able to reach my landlord in many months and they believe that he left the country. Both the landlord and his ex-wife's names are on the deed. The real estate management firm says that neither of us can terminate the lease until we receive a written notice of sale from courthouse. I obtained a pre-approved mortgage and a real estate agent and started waiting on the notice before making any offers. That was about two months ago. Last night the ex-wife informed me that she WILL be moving in and changing the locks in a week. The truth is, I want out of this house. One week's notice will be a bit of a strain but I could, probably pull it off. However, the real estate management firm still says that I'm responsible for the lease and cannot move until the bank takes the house. I have no sympathy for either party at this point. The landlord ran away and intends to leave his ex with a foreclosure on her credit while cheating her out of her half of the rent, the real estate management firm enabled him by signing a contract with him without ensuring that he was the full owner, and she is trying to evict me with one week's notice (she didn't know that I was already eager to leave). I don't care too much about the outcome as long as my name and credit are not harmed. Was the contract even valid without her name and signature on it, and what is the correct course of action in any case?

[LisaB4657]

This is what I would do in your situation:

First I would send a letter to the ex-wife, by certified mail, return receipt requested, and a copy by regular mail. In the letter I would inform her that if she attempts to change the locks without a court order then you will call the police and you will also file a lawsuit against her for your damages and lost possessions. I would go on to say that if she wishes to move into the house then you are willing to meet with her and a representative of the real estate management company to see if an agreement can be reached.

Second, I would send a letter to the real estate management company saying that apparently they failed to perform due diligence on the property before leasing it to you and that one of the owners is now threatening you with removal. Therefore, since they have failed to deliver the premises according to the terms of the lease, specifically your right to quiet enjoyment of the property, you are considering the lease to be terminated and you will look for a new home. In the meantime you will hold the real estate management company responsible for your damages and any possessions you may lose as a result of the threats of the owner. At the end, make the suggestion that a meeting be arranged between you, the management company and the ex-wife to see if an agreement can be reached.

Send the management company a copy of your letter to the ex-wife, and send the ex-wife a copy of your letter to the management company. Send all letters by certified mail, return receipt requested, and send a copy by regular mail as well. Make sure you keep copies for yourself in case this ends up in court.

Good luck!

[Fr_Chuck]

The owners ex wife may have no legal claim to the property, that will depend on who got the property during the divorce, if the divorce gave the property to the husband, and the ex has just refused to sign it over, that is another issue.


But you have a legal lease, and everyone, including the ex wife has to honor it, Even the landlord can not enter and change locks, you merely call police or you just enter since it is your place till the lease ends.

The ex wife may go to the real estate company show proof of ownership and they may give and agree in writing to let you out of the lease. In which case you could move, but they will have to deal with the real estate company first.