Buying or Selling a Home/LANDLORD IS IN BREACH OF LEASE
Expert: John - 11/1/2007
QuestionMy question to you is can a landlord give you a 60 day notice to move without written notice. And, I have a signed lease with them until March 08. But, because the owner has decided to sell the property because he feels it is costing him to much money they feel I need to move. I don't feel the same way because we have a signed agreement. With no clause about selling the property. So, because this person wants to sell this property I have been forced to withhold the rent in order to have the money to move. I am on a fixed income which the landlord knows about. I can't just up and snap my fingers and have money to move in 60 days and pay them 700.00 a month. When I only bring in 1500.00 a month with two kids. It just isn't possible. And also the landlord is taking me to small claims court for the rent.
He broke the lease not me, but according to him I have because of a door that fell off the hinges and broke inside the house. This is what he is claiming that I breached the leases agreement.
Can they do this to me, and can I fight them on the rent owed due to undue stress of having to move in such short notice.
Lets not leave out the fact that for three days I had to go to a friends home to use the bathroom and shower because his not very smart maitnance guy had my bathroom tourn apart because of a water leak that has been going on forever. Can I prove that they are making an excuse about the door just to get me out. I wasn't even told about any door when he talked to me. He just said the owner has decided to sell and I have 60 days to move. The only way I found out about the door was through my brother whom I had call him.
Please I need answers quick I am due in court on Nov 29 and I would like to know what papers I can file against him.
Thanks
AnswerHello, lets make one thing clear. You have a sign lease. Case close.
Ok, Since you have a signed lease, the landlord can not force you to move for reason of moving until it expires. In fact, if sold, you can not be force out until the lease expires. The new owner would have no choice but to honor the legal contact.
Can you withhold rent for making you move, no.
But since the landlord has failed to make repairs in a timely manner, you have the right to withhold rent until repairs are made. Of course you will need to call your local township / boro and report the landlord.
Bathroom door is wear and tear and can not be reason for moving or recover cost.
You need to hire a real estate attorney. I would look for one that would counter sue and sue for damages ( stress ) and for attorney fees.
John