SigSaurP229
Commander
- Joined
- Oct 1, 2008
- Messages
- 2,123
My wife and I are having our 2nd child in 10 days, up until 03/01 we lived in a 2 bedroom apartment which was fine, however with a new baby we decided that we needed to upgrade so
On 03/10 we located a condo, and signed a lease paid a deposit, for the condo to be ready for move in on 03/25/12 as we had found a new renter for our apartment and that new renter needed to move in exactly on 04/01. On 03/10 he took the check to my bank and cashed it.
On 3/20 I called the landlord at the condo and was assured in would be ready on 03/25
On 3/23 I called the landlord at the condo and was assured it would be ready on 03/25 so I went ahead an provided him with a rent check for the first week and month. So I am now at $700 deposit and $700 first month rent +$125 for the week.
On 03/24 I get a call no way is the condo going to be ready on 03/25/12 will be ready by 03/29 so I can at least begin moving my stuff and have it completely out no later than 04/01 and get the old apartment clean so I can get my damage deposit back.
03/29 I get a call from the condo owner, no way is the apartment going to be ready by 04/01. I request a refund on all monies paid to this point. Landlord says I do have a compromise I have a house vacant and it is ready now I will rent it to you for $850 per month, but the electricity will be included because my shop is behind it.
On 03/29 I agree to take the house and sign a New Lease agreement. I take the lease to the water department and have water and cable turned on in my name. We love the house it is by far the nicest place we have ever lived.
On 04/20/2012 I pay rent for the month of May in full in advance.
On 05/01/2012 I am enjoying my front porch at about 10 am in the morning, when a vehicle pulls in the driveway. The gentleman introduces himself as L*** from ****** Bank. L tells me I am looking for the tenants in the house I introduce myself. He says I am here to inform you that we at ***** Bank actually own this house. Your Landlord doesn't and he has a lease agreement with us that plainly states NO SUBLETTING. We have sent you Landlord a notice of violation of his lease and have voided it in its entirety. L says we would like to enter into a lease agreement with you or sell you the house. I tell "L" well I am really shocked at this point and very confused, I need to talk to my wife and can we set up a meeting with him, so I can get all of my paperwork together, and review it all. I talk to my wife and set up a meeting at the bank with "L". Meeting was set for 05/04 at 1:30
(The house was a bank foreclosure had been vacant prior to my "landlord" leasing it).
On 05/02 and 05/03 I went and did a title search on the property ***** bank does actually own the property not my "landlord". I get my copies of the lease agreement with the "landlord", I get copies of my cashed checks that I paid for rent.
On 05/04 We meet with "L" from the bank, he tells my wife and I the bank has no intentions of throwing us out on the streets. Which is a good thing that of course the bank would love to sell us the house they don't want to carry it anymore they have had it since 2009. From my research and talking to real estate agent the bank bought it back on the courthouse steps for $175,000. So real estate agent says go in and offer $140,000 80% of the cost to see if they will short sale the house out, in the mean time we need to get to work on a lease agreement. We leave the bank not overly comfortable with how things went as there was no resolution in writing other than we want to sell you the house which of course what bank wouldn't, and the bank was nice enough to send out a locksmith to rekey all of the locks, so that my wife myself and the bank would have the only keys.
On 05/06 The "Landlord" calls and says he and his wife just split up and he is bringing all sorts of stuff and leaving it in the driveway and shop, and that the electricity is actually in his wife's name and will probably be turned off tomorrow. I immediately called "L" at the bank on his cell phone at 9 pm on Sunday night. He made a few calls and had someone from the bank call we amazingly have electricity still today. Not that I would mind having electricity in my name but I can't turn it on in my name without a valid legal lease saying that it is to be on in my name which I don't have from the "landlord" or from the bank, so if the electricity gets turned off I am screwed.
On 05/07 I had a brief conversation with "L" this morning no news and supposed to call when something changes.
So I have a few questions for my friends here.
1 I see it as this I have permission from the bank manager to be on the property, but I have nothing legal in writing so as I see it my family and I are basically squatters do I have any rights at all?
2. Am I liable to pay back rent to the bank since I have already paid the wrong person.
3. Since they have voided the lease with the landlord does he have any rights to be on the property at all?
4. I am pretty sure I could go to the electric company and show them my lease with the "landlord" and they would turn the power on in my name how much trouble could I get into if I did this?
5 Can the "landlord" have me evicted for any reason? I have upheld my lease with him to the letter.
6. Is there anything I can do to keep him off of the property?
On 03/10 we located a condo, and signed a lease paid a deposit, for the condo to be ready for move in on 03/25/12 as we had found a new renter for our apartment and that new renter needed to move in exactly on 04/01. On 03/10 he took the check to my bank and cashed it.
On 3/20 I called the landlord at the condo and was assured in would be ready on 03/25
On 3/23 I called the landlord at the condo and was assured it would be ready on 03/25 so I went ahead an provided him with a rent check for the first week and month. So I am now at $700 deposit and $700 first month rent +$125 for the week.
On 03/24 I get a call no way is the condo going to be ready on 03/25/12 will be ready by 03/29 so I can at least begin moving my stuff and have it completely out no later than 04/01 and get the old apartment clean so I can get my damage deposit back.
03/29 I get a call from the condo owner, no way is the apartment going to be ready by 04/01. I request a refund on all monies paid to this point. Landlord says I do have a compromise I have a house vacant and it is ready now I will rent it to you for $850 per month, but the electricity will be included because my shop is behind it.
On 03/29 I agree to take the house and sign a New Lease agreement. I take the lease to the water department and have water and cable turned on in my name. We love the house it is by far the nicest place we have ever lived.
On 04/20/2012 I pay rent for the month of May in full in advance.
On 05/01/2012 I am enjoying my front porch at about 10 am in the morning, when a vehicle pulls in the driveway. The gentleman introduces himself as L*** from ****** Bank. L tells me I am looking for the tenants in the house I introduce myself. He says I am here to inform you that we at ***** Bank actually own this house. Your Landlord doesn't and he has a lease agreement with us that plainly states NO SUBLETTING. We have sent you Landlord a notice of violation of his lease and have voided it in its entirety. L says we would like to enter into a lease agreement with you or sell you the house. I tell "L" well I am really shocked at this point and very confused, I need to talk to my wife and can we set up a meeting with him, so I can get all of my paperwork together, and review it all. I talk to my wife and set up a meeting at the bank with "L". Meeting was set for 05/04 at 1:30
(The house was a bank foreclosure had been vacant prior to my "landlord" leasing it).
On 05/02 and 05/03 I went and did a title search on the property ***** bank does actually own the property not my "landlord". I get my copies of the lease agreement with the "landlord", I get copies of my cashed checks that I paid for rent.
On 05/04 We meet with "L" from the bank, he tells my wife and I the bank has no intentions of throwing us out on the streets. Which is a good thing that of course the bank would love to sell us the house they don't want to carry it anymore they have had it since 2009. From my research and talking to real estate agent the bank bought it back on the courthouse steps for $175,000. So real estate agent says go in and offer $140,000 80% of the cost to see if they will short sale the house out, in the mean time we need to get to work on a lease agreement. We leave the bank not overly comfortable with how things went as there was no resolution in writing other than we want to sell you the house which of course what bank wouldn't, and the bank was nice enough to send out a locksmith to rekey all of the locks, so that my wife myself and the bank would have the only keys.
On 05/06 The "Landlord" calls and says he and his wife just split up and he is bringing all sorts of stuff and leaving it in the driveway and shop, and that the electricity is actually in his wife's name and will probably be turned off tomorrow. I immediately called "L" at the bank on his cell phone at 9 pm on Sunday night. He made a few calls and had someone from the bank call we amazingly have electricity still today. Not that I would mind having electricity in my name but I can't turn it on in my name without a valid legal lease saying that it is to be on in my name which I don't have from the "landlord" or from the bank, so if the electricity gets turned off I am screwed.
On 05/07 I had a brief conversation with "L" this morning no news and supposed to call when something changes.
So I have a few questions for my friends here.
1 I see it as this I have permission from the bank manager to be on the property, but I have nothing legal in writing so as I see it my family and I are basically squatters do I have any rights at all?
2. Am I liable to pay back rent to the bank since I have already paid the wrong person.
3. Since they have voided the lease with the landlord does he have any rights to be on the property at all?
4. I am pretty sure I could go to the electric company and show them my lease with the "landlord" and they would turn the power on in my name how much trouble could I get into if I did this?
5 Can the "landlord" have me evicted for any reason? I have upheld my lease with him to the letter.
6. Is there anything I can do to keep him off of the property?
It was invalidated by the real property owner and a fraud to begin with.