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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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Short sale ? - Do I have to move?
Hi. My LL in CA can't pay his mortgage and I just saw by "search" on the Internet that a RE company has our place (we're the tenants) listed as a short-sale. LL hasn't told us anything. My questions are: 1) if it's sold do how will we be notified?
2) if it's sold, will we be forced to leave even though we have 6 more months left on our lease? I know that in a "normal" for sale situation, the new landlord has to honor the lease. But in a SS, does this same rule apply. 3) I sent my LL an email, phoned and send a certified letter w/return receipt 2 weeks ago regarding 2 things in the home that need repair, but he hasn't replied (nor has he accepted the certified letter). One repair is the air conditioner---emits no cold air. The other is a foul/sewer-type odor coming from one of the bathrooms. Had the HOA look at it and they checked the roof vents for blockage, but they're not blocked. They found water along the side of the commode, and after calling several pllumbers I found that it may be a leak under the commode. Can't use the bathroom at all and the smell leaks into the house--very disturbing. Do I have the right to get the a/c and commode fixed after a month (from date that I sent the certified letter that he won't claim) and deduct from the rent? Additionally, what do I do if he won't reply what so ever--emails, phone calls, or claim certified letters? Thank you in advance for your feedback. |
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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In a short sale, the bank agrees to take less for the house than what the owner actually owes on it. It usually works just as a regular sale. Only foreclosure or the bank repossessing the house will end a lease. The new owner should have to honor your lease since the LL is still selling the house privately. If the house cannot be sold and the foreclosure has to occur, that will end your lease.
The A/C is not an emergency and you do need to allow at least 30 days for the LL to repair. The toilet leak is different. You should contact the health department (this could be a health hazard and constitute uninhabitability). It could be declared an emergency and will need to be repaired much sooner. You may also want to contact the building inspector in your area about this. These reports will give you written proof that it is serious in nature. They will cite the owner to make the necessary repairs. If he still doesn't fix the plumbing very quickly, you can contact the clerk of court for the correct procedure on repair and deduct in your area. You can also contact the clerk after the 30 days is up for the A/C problem. Make sure you get the correct procedure for repair & deduct or rent withholding from the court. Failure to do this in the correct way can result in eviction. Protect yourself from this by following the court's instructions carefully. |
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