Landlord in NTS 2 times in 7 months

[edna_mode]

Naive question, but doesn’t the initial lie about the landlord not being in default mean that the whole lease can be negated?

[briansd1]

[quote=edna_mode]Naive question, but doesn’t the initial lie about the landlord not being in default mean that the whole lease can be negated?[/quote]

Good question.

It could be argued the lease is voidable.

There’s also the concept of efficient breach where a party might decide it’s worthwhile to break the lease. Of course, the landlord would have to go to court if she wishes to enforce the lease.

Remember also that the lease is actually a leasehold estate that entitles the renter quiet, peaceful and uninterrupted enjoyment of the property for the period of the lease. If that is not happening, then there is room for renegotiation.

[briansd1]

[quote=edna_mode]Naive question, but doesn’t the initial lie about the landlord not being in default mean that the whole lease can be negated?[/quote]

Good question.

It could be argued the lease is voidable.

There’s also the concept of efficient breach where a party might decide it’s worthwhile to break the lease. Of course, the landlord would have to go to court if she wishes to enforce the lease.

Remember also that the lease is actually a leasehold estate that entitles the renter quiet, peaceful and uninterrupted enjoyment of the property for the period of the lease. If that is not happening, then there is room for renegotiation.

[briansd1]

[quote=edna_mode]Naive question, but doesn’t the initial lie about the landlord not being in default mean that the whole lease can be negated?[/quote]

Good question.

It could be argued the lease is voidable.

There’s also the concept of efficient breach where a party might decide it’s worthwhile to break the lease. Of course, the landlord would have to go to court if she wishes to enforce the lease.

Remember also that the lease is actually a leasehold estate that entitles the renter quiet, peaceful and uninterrupted enjoyment of the property for the period of the lease. If that is not happening, then there is room for renegotiation.

[briansd1]

[quote=edna_mode]Naive question, but doesn’t the initial lie about the landlord not being in default mean that the whole lease can be negated?[/quote]

Good question.

It could be argued the lease is voidable.

There’s also the concept of efficient breach where a party might decide it’s worthwhile to break the lease. Of course, the landlord would have to go to court if she wishes to enforce the lease.

Remember also that the lease is actually a leasehold estate that entitles the renter quiet, peaceful and uninterrupted enjoyment of the property for the period of the lease. If that is not happening, then there is room for renegotiation.

[briansd1]

[quote=edna_mode]Naive question, but doesn’t the initial lie about the landlord not being in default mean that the whole lease can be negated?[/quote]

Good question.

It could be argued the lease is voidable.

There’s also the concept of efficient breach where a party might decide it’s worthwhile to break the lease. Of course, the landlord would have to go to court if she wishes to enforce the lease.

Remember also that the lease is actually a leasehold estate that entitles the renter quiet, peaceful and uninterrupted enjoyment of the property for the period of the lease. If that is not happening, then there is room for renegotiation.

[sdrenternts]

Thanks for everyone’s comments – especially UR. I really appreciate the different prospectives on my situation. Unfortunately I did not discover that the condo was in distress until over 1 year after I lived there – when the first NTS arrived on the front door. Like UR, I thought it might not be a bad thing if the bank did foreclose but it did not happen then. I just didn’t think it would happen AGAIN!

Interestingly, UR told me the property is not listed as a short sale, even if it is priced optimistically. I’ve not heard from landlord since condo was put on the market for sale. At least now I know what my negotiation points are if she wants to show the place. 😉

[sdrenternts]

Thanks for everyone’s comments – especially UR. I really appreciate the different prospectives on my situation. Unfortunately I did not discover that the condo was in distress until over 1 year after I lived there – when the first NTS arrived on the front door. Like UR, I thought it might not be a bad thing if the bank did foreclose but it did not happen then. I just didn’t think it would happen AGAIN!

Interestingly, UR told me the property is not listed as a short sale, even if it is priced optimistically. I’ve not heard from landlord since condo was put on the market for sale. At least now I know what my negotiation points are if she wants to show the place. 😉

[sdrenternts]

Thanks for everyone’s comments – especially UR. I really appreciate the different prospectives on my situation. Unfortunately I did not discover that the condo was in distress until over 1 year after I lived there – when the first NTS arrived on the front door. Like UR, I thought it might not be a bad thing if the bank did foreclose but it did not happen then. I just didn’t think it would happen AGAIN!

Interestingly, UR told me the property is not listed as a short sale, even if it is priced optimistically. I’ve not heard from landlord since condo was put on the market for sale. At least now I know what my negotiation points are if she wants to show the place. 😉

[sdrenternts]

Thanks for everyone’s comments – especially UR. I really appreciate the different prospectives on my situation. Unfortunately I did not discover that the condo was in distress until over 1 year after I lived there – when the first NTS arrived on the front door. Like UR, I thought it might not be a bad thing if the bank did foreclose but it did not happen then. I just didn’t think it would happen AGAIN!

Interestingly, UR told me the property is not listed as a short sale, even if it is priced optimistically. I’ve not heard from landlord since condo was put on the market for sale. At least now I know what my negotiation points are if she wants to show the place. 😉

[sdrenternts]

Thanks for everyone’s comments – especially UR. I really appreciate the different prospectives on my situation. Unfortunately I did not discover that the condo was in distress until over 1 year after I lived there – when the first NTS arrived on the front door. Like UR, I thought it might not be a bad thing if the bank did foreclose but it did not happen then. I just didn’t think it would happen AGAIN!

Interestingly, UR told me the property is not listed as a short sale, even if it is priced optimistically. I’ve not heard from landlord since condo was put on the market for sale. At least now I know what my negotiation points are if she wants to show the place. 😉

[all]

[quote=urbanrealtor]
Also, bear in mind that if she gets foreclosed on while you live there, then worst case, you get 90 days free rent.
[/quote]

I believe it is the greater of 90 days or the end of the current lease, unless the property is sold to a buyer who intends to use it as primary residence, in which case it’s 90 days (no ‘end of the lease’ option). It theory it is not free – the new owner has the right to collect the rent and obligation to maintain the property.

[all]

[quote=urbanrealtor]
Also, bear in mind that if she gets foreclosed on while you live there, then worst case, you get 90 days free rent.
[/quote]

I believe it is the greater of 90 days or the end of the current lease, unless the property is sold to a buyer who intends to use it as primary residence, in which case it’s 90 days (no ‘end of the lease’ option). It theory it is not free – the new owner has the right to collect the rent and obligation to maintain the property.

[all]

[quote=urbanrealtor]
Also, bear in mind that if she gets foreclosed on while you live there, then worst case, you get 90 days free rent.
[/quote]

I believe it is the greater of 90 days or the end of the current lease, unless the property is sold to a buyer who intends to use it as primary residence, in which case it’s 90 days (no ‘end of the lease’ option). It theory it is not free – the new owner has the right to collect the rent and obligation to maintain the property.

[all]

[quote=urbanrealtor]
Also, bear in mind that if she gets foreclosed on while you live there, then worst case, you get 90 days free rent.
[/quote]

I believe it is the greater of 90 days or the end of the current lease, unless the property is sold to a buyer who intends to use it as primary residence, in which case it’s 90 days (no ‘end of the lease’ option). It theory it is not free – the new owner has the right to collect the rent and obligation to maintain the property.

[Author]

Posts