Renters rights
We moved into the house we are living in on Feb. 15, 08. We signed a year lease then a month to month, after that. The owner has pushed the subject of buying the house on many occasions. He had to relocate to New Mexico and he received a moving package through his employer. This passed Saturday he called and said it was urgent to speak to us. We called him back on Sunday and he informed us we need to buy to house or we’ll have to move in 30 days. He said the notice was overnighted to us, which we never received. Then he said he sent us a 45 day notice, which we never got. He wants us to buy it as a short sale. My question is does he decide to short sale of the house or does the bank? He receives our rent every 2 weeks via direct deposit. This coming Friday we will be paid up to the end of July. He also wants us to counter the 30 or 45 day notice with a notice of our own. That sounds wrong to me but is that necessary. In the past when we attempted to stop the direct deposit because my wife gets paid every two weeks. he left us an unpleasent message if we do that he would stick a for sale sign the next day in the front. He did not honor returning my wifes extra check in January that is why we are so far ahead in rent
Re: Renters rights
I would be very concerned if I were you – your landlord sounds as if he is getting ready to default, or may already be in default on the mortgage on the property. The urgency, the discussion of a short-sale, the fact that he wants to list the property if you won’t buy it – tends to lead me to believe that he is getting ready to, or may have already stopped making his mortgage payment, and plans to sell or walk. To answer your specific question, the bank is the only one who can approve a short sale, and what your landlord may not realize is that the bank will continue to pursue him for the “short” even after the house is sold.
First, I think you need to review the entire matter with an attorney. There are too many questions raised by your post to deal with on this forum. Second, he is required by law to give you a sixty day notice to terminate your tenancy as you have lived in the property more than 1 year. Neither the 30, nor 45 day notice are valid unless the 30 day notice was given prior to the expiration of your one-year lease, to expire on or after the last day of your 1 year lease.
If you have no interest in buying the property, I would sugges that you resolve the issue of being ahead on the rent – make sure you can prove that he has been overpaid, and stop the deduction from your bank account for one period to catch up. I would seriously consider beginning the process of looking for a new place to live, as from what you describe, this has disaster written all over it.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC’s (the “Firm”) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
David Gibbs
The Gibbs Law Firm, APC
110 E Avenida Palizada, Ste 201
San Clemente, CA 92672-3956