Tuesday, July 27, 2010

Help I need legal advice fast!!!!?

Ok so here is the deal. My husband got out of the military in June. We had a sit down with our landlord and told her we were looking to relocate and purchase a home so we would like to get out of the lease early. She said it would be fine and that she wouldn’t charge us for the remainder months just keep our security deposit. On June 27, 2007 I wrote her an email saying that we found a house and that we go to closing on the 23rd of July. She sent a congratulatory email the next day. Now I didn’t specifically say we were going to be out by the end of the month but I assumed she knew it when I said we would close on that day. I really trusted her when she said things would be fine and if that wasn’t a good enough notification that she would tell me “Hey you need to add more than this” or something. I mean why would I want to live in her house after we close? A couple days later she called and says she was putting her house up for rent since we were moving out.Help I need legal advice fast!!!!?
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Good luckHelp I need legal advice fast!!!!?
You have a complicated situation and you need to speak to a lawyer right away. The first thing you need to know is that everything about real property dealings must be in writing (';real property'; means land and buildings, and everything else on the land). That includes rental property and leases and such. Do you have a written lease that you were trying to get out of early? If so, your agreement to terminate early must be in writing. Depending on the laws of your state, your emails, and the landlord's reply emails may or may not qualify as sufficient writings.





You say you did not specifically tell the landlord when you were going to be out, which isn't good. You need to be explicit about these things. However, since she put in a listing for renting the house, that tends to show that she understood when you would be out, which may go in your favor.





Since you are in the process of buying a house, hopefully you are using a lawyer to represent you at your closing. Use the same lawyer to handle this situation. He or she can advise you according to the laws of your state, and the many facts and circumstances of your case.





You have very real dispute here, and with the numerous details involved, it is far beyond the scope of an online forum like this one.





Good luck.
It is a court of law not a court of Morality. Contract probably says you need to give proper notice and you did not. Next time be responsible because it is expensive to be unresponsible. P.S. in the business world never take someone's word for it. Document it, get it in writing and save yourself the grief. Unfortunately your closing date notice never says that you are vacating the property and many times the notice required in the contract/lease requires notice by mail/ certified and 60 day notice. All you can do is kill them with kindness and hope they come around

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