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Can they really close me in 30 days?

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Aprile421
Regular Contributor

Re: Can they really close me in 30 days?

Because 1) the owners are trying to fight the fact I signed the lease in early July but did not move in until the end of July, the leasing company and owners are ignoring the fact I paid a pro rated amout to go from my move in date of July 24th - July 31st and then my rent was supposedly due on the 1st of each month which I paid in advance for a year. I have the ledger showing the pro rated amount and letter from leasing company but they are now saying they don't have that stuff on their end. Convient huh?

 

2) The real estate broker for the owners has started coming in and out and will start showing this week. I do not like people coming in and out all the time. There was no mention of this in my lease but now I am told I am supposed to allow it or else it is considered hampering a sale. I would just rather take my loses and get out before people are in and out all the time. 

Message 11 of 15
degs138
Established Contributor

Re: Can they really close me in 30 days?

I closed in 3 weeks.  I could have closed even sooner had I not wanted to get some monies back based on the inspection report.  Your file can get through underwriting very fast if your credit profile is good.


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Message 12 of 15
StartingOver10
Moderator Emerita

Re: Can they really close me in 30 days?


@Aprile421 wrote:

Because 1) the owners are trying to fight the fact I signed the lease in early July but did not move in until the end of July, the leasing company and owners are ignoring the fact I paid a pro rated amout to go from my move in date of July 24th - July 31st and then my rent was supposedly due on the 1st of each month which I paid in advance for a year. I have the ledger showing the pro rated amount and letter from leasing company but they are now saying they don't have that stuff on their end. Convient huh?

 

2) The real estate broker for the owners has started coming in and out and will start showing this week. I do not like people coming in and out all the time. There was no mention of this in my lease but now I am told I am supposed to allow it or else it is considered hampering a sale. I would just rather take my loses and get out before people are in and out all the time. 


^^^It doesn't matter what date you moved into the leased property.  The relevant dates are stated right in the lease agreement usually on page one within the first paragraph or two:

  • Lease Start Date
  • Lease End Date

You have to be out of the property on or before midnight (or the specified time in the lease) as of the lease end date and it has to be delivered to the landlord in clean condition (it will say in your lease).  Delivery means you have to turn over all keys, and gate clickers, if any, to deliver the property to the landlord.  If you keep the keys you haven't turned the property over to the landlord.  I only mention this because many tenants are unaware that they can lose their security deposit by not delivering the property timely in accordance with the lease agreement you signed. 

 

There is usually a paragraph devoted to the showing of the property. It will tell you when the owner or owners agent can show the property and how much notice you are to be given for showings. 

 

The landlord can't unilaterally change the lease termination date without a formal written eviction type notice and they can't send that notice willy nilly without cause. It sounds like the landlord is trying to intimidate you.

 

As to purchasing, you purchase in your own time frame. If you are more comfortable having an extended time period, then that is what you do. Tell your agent and your lender that you will need X months to be ready. This is a personal decision. Find your temporary place first so you know where you are going.  Initially I thought your question related to the capacity of the lender being able to meet the 30 day delivery date. I misunderstood what you were looking for when you asked that question. Yes, lenders can easily close in that time period (most, not all). But you are the one that determines when you are ready to buy, the lender and the agent just keep you on track so you end up closing per your contract after you have made the decision to buy and signed a contract. They aren't making your mortgage payment, you are. 

Message 13 of 15
krielly
Established Contributor

Re: Can they really close me in 30 days?

DO NOT HURRY TO PURCHASE BASED ON YOUR LANDLORD!!!

 

If your lease end period ends at the end of July, you do not legally have to turn over your place until then. Your lease (and all terms) follows the purchase, and your landlord knows this. It it more desirable for them to be able to sell the property without the encumbered lease, but that is NOT your problem.

 

That being said, my son and his GF just went through a similar situation. Their apartment building was up for sale. they were the only remaining tenants in a 3 unit building. The landlord got an offer on the property, and the buyers wanted to move into their unit while they renovated the other 2.  They had a month - month lease, however were required to receive a 60 day notice. The landlord wanted them to move before closing (i'm sure it was a condition of the sale), so he paid the first months rent on the new apartment as well as the moving expenses to make that happen. Win win for everyone........

 

You are well within your legal rights in upholding your lease, and trust me, the landlord is well aware of this, and is likely just trying to bully you. I say, confirm your lease end date (by what is stated on the lease) and "push back"!!! See what concessions you can negotiate to help make this easier for you if you are going to agree to hand over the keys earlier than you are legally required to.

 

K


You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing!
Message 14 of 15
AZEsq
Regular Contributor

Re: Can they really close me in 30 days?

This. Just don't leave. You'll be a tenant through the terms of your lease and a tenant at sufferance thereafter. If you pay your rent again, they have to deal with you and can't even legally evict you unless you don't pay AND they've given you written (certified return receipt) notice that they aren't renewing your lease 60 days prior to the lease ending in most jurisdictions (obviously your local laws may be different, but there's a minimum of 1 month). THere you have your two months.

Message 15 of 15
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