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brassmunky
LIF Adult
Member since 6/08 1163 total posts
Name:
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New Tenant and LL want us to move out...but we don't have a closing date yet!
We still do not have a closing date. Every week it's something different the lender wants to see. This week it's a check box on the termite inspection. They need to verify that this check box was supposed to be checked with the inspector...Meanwhile, last week it was our signature missing from the termite inspection.
We rent now, and our landlady found a new tenant. The new tenant closed 11/30, and wants to move in here the Saturday before that, 11/28.
I did tell her almost 3 weeks ago, our Loan Officer says we should close before 11/15. However, we have not closed. Delays after delays, we had a tentative closing date of 11/25 (next Wednesday) until the lender discovered this unchecked box on the termite inspection. The processor at the lender's office said this WILL delay the approval for the closing date a day. So they may have an answer by Wednesday. So the earliest possible date we may close would be Friday. But this is all contingent upon the underwriting's clearing all documentation, including verification of this unchecked box, and any other new information they discover they need.
We do not have a written legal lease here at our rental. Its verbal. We told the owner here and the new tenant we would may be closing next week. They both are trying really hard to get us to agree to be moved out by the weekend of the 28th. Even though I keep telling them, new things come up every week from the lender to delay the closing, our land lady actually suggest we move in with my in-law's (as if that was an option). Giving me a guilt trip about the possibility of loosing this new tenant, and giving me guilt about the new tenant possibly having to pay her seller rent to live in her own house. I tried to tell her as nicely as possible, this is not my problem, and that I have made it clear to all parties that we do not have a definitive closing date.
So now that I know there is a good chance we may not close before the new tenant needs us to, I'm almost scared of calling them to tell them for fear they may start in again about their woes.
How is this any of my responsibility?
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Posted 11/21/09 9:26 AM  |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
since you dont have a lease youa re automatically on a month to month. It will really depend on what you paid rent for and the notice you gave. If you paid for the entire month of Nov. then legally she accepted you for the entire month and cannot kick you out until the end. If you only paid up to the 15th then you have to be out the 15th.
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| Posted 11/21/09 9:56 AM |
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maybesoon
LIF Adult
Member since 9/09 5981 total posts
Name:
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
I feel like if there is no lease then you shouldn't worry. I know it's upsetting for the new tenant but these things happen. if seh has to pay rent for a while, what difference does it make bc she will be paying rent to the LL anyway right? I think you should call your LL right away, tell you are sorry but ABC is happening. if she give you a hard time, just tell her your hands are tied adn you can't do anything. she can't argue with that!
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| Posted 11/21/09 9:56 AM |
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MaZz
* Lovin my baby girl!!! *
Member since 2/09 6243 total posts
Name:
Gina
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
oh my lord... we're going through the EXACT same thing...
LL's are trying to kick us out asap bc their parents need a place to live bc they got booted from their place... its like a chain reaction... they gave us "2 weeks notice" last sat which ummm.. not possible bc that relates to a job not a place of dwelling... lol legally we need 30 days notice and its an illegal apt so really, if they want to get us out, they would need to evict us which takes like 6 months...
They cant just boot you as much as they would like to make you think so... We keep telling ours that there are delays and that we still do not have a tentative closing date... There's no more info we can find out bc we're now waiting on SONYMA for the MCC approval...
It's like... I'm sorry that your parents are now living in a hotel 5 days a week bc they got booted... but they should have put their foot down and never left without having somewhere else to go...
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| Posted 11/21/09 10:00 AM |
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brassmunky
LIF Adult
Member since 6/08 1163 total posts
Name:
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
she offered to let us live out the security, which would technically bring us to 12/15. so she's mentioning this to me to a lot. how she's doing us this favor, meanwhile, she offered, and it is helping, but we never told her a definitive date.
the new tenant is selling her house, so i dont know what goes into that....renting from your buyers...
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| Posted 11/21/09 10:00 AM |
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MaZz
* Lovin my baby girl!!! *
Member since 2/09 6243 total posts
Name:
Gina
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by dewdrop
she offered to let us live out the security, which would technically bring us to 12/15. so she's mentioning this to me to a lot. how she's doing us this favor, meanwhile, she offered, and it is helping, but we never told her a definitive date.
the new tenant is selling her house, so i dont know what goes into that....renting from your buyers...
Legally, she cannot take the security and use it as rent... and OMG ours said shes doing us this favor as well so we have more money for closing... I told her flat out, we have the $$, we could have given it to you the beginning of Nov but you insisted on us keeping the $$ in our pocket... Just yesterday they asked us for the $$ now all of a sudden... So we're here until Nov 30th, be it if we close before or after that date...
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| Posted 11/21/09 10:04 AM |
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brassmunky
LIF Adult
Member since 6/08 1163 total posts
Name:
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by MaZz
oh my lord... we're going through the EXACT same thing...
LL's are trying to kick us out asap bc their parents need a place to live bc they got booted from their place... its like a chain reaction... they gave us "2 weeks notice" last sat which ummm.. not possible bc that relates to a job not a place of dwelling... lol legally we need 30 days notice and its an illegal apt so really, if they want to get us out, they would need to evict us which takes like 6 months...
They cant just boot you as much as they would like to make you think so... We keep telling ours that there are delays and that we still do not have a tentative closing date... There's no more info we can find out bc we're now waiting on SONYMA for the MCC approval...
It's like... I'm sorry that your parents are now living in a hotel 5 days a week bc they got booted... but they should have put their foot down and never left without having somewhere else to go...
oh gosh, seriously, they should have stayed where they were until they could secure a place.
i should take that advice!
and i feel the same way. although it feels grimey to tell her to just deal with it, i feel we have the legal right to be here more than anyone right now. and i know this. i just hate to leave on bad terms.
but what can we do. we have no control over this situation. she wants to hear me say, OK we'll leave when your new tenant needs us to leave...but realistically, we can't.
we thought about renting a Pod and moving all our stuff into that the weekend she wants to move in....its getting sticky.
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| Posted 11/21/09 10:05 AM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by MaZz
Posted by dewdrop
she offered to let us live out the security, which would technically bring us to 12/15. so she's mentioning this to me to a lot. how she's doing us this favor, meanwhile, she offered, and it is helping, but we never told her a definitive date.
the new tenant is selling her house, so i dont know what goes into that....renting from your buyers...
Legally, she cannot take the security and use it as rent... and OMG ours said shes doing us this favor as well so we have more money for closing... I told her flat out, we have the $$, we could have given it to you the beginning of Nov but you insisted on us keeping the $$ in our pocket... Just yesterday they asked us for the $$ now all of a sudden... So we're here until Nov 30th, be it if we close before or after that date...
No legally the LL can if they ask you if it works better for you. Legally the tenant cannot use the security for rent without approval by the LL. If both parties accepted the security as rent and the rent term is the 15th to the 15th then you have until Dec 15.
Just because you do not have a lease does not legally give you the right to stay there however long you want. Each acceptance of the rent check basically starts a new month long lease. So if I am understanding everything right you have until the 15th of Dec to get out.
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| Posted 11/21/09 10:09 AM |
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MaZz
* Lovin my baby girl!!! *
Member since 2/09 6243 total posts
Name:
Gina
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by dewdrop
oh gosh, seriously, they should have stayed where they were until they could secure a place.
i should take that advice!
and i feel the same way. although it feels grimey to tell her to just deal with it, i feel we have the legal right to be here more than anyone right now. and i know this. i just hate to leave on bad terms.
but what can we do. we have no control over this situation. she wants to hear me say, OK we'll leave when your new tenant needs us to leave...but realistically, we can't.
we thought about renting a Pod and moving all our stuff into that the weekend she wants to move in....its getting sticky.
we were friendly with ours this entire time up until now... i couldnt give 2 sh*ts what kinda terms we leave on... i'd rather have a place to stay than a friendship 
if you paid for this month, you stay till the end.... end of story... can you tell how fed up with everything i am? as if we didnt have enough grief from the bank, the condo management, etc...
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| Posted 11/21/09 10:11 AM |
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brassmunky
LIF Adult
Member since 6/08 1163 total posts
Name:
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by MaZz
Posted by dewdrop
oh gosh, seriously, they should have stayed where they were until they could secure a place.
i should take that advice!
and i feel the same way. although it feels grimey to tell her to just deal with it, i feel we have the legal right to be here more than anyone right now. and i know this. i just hate to leave on bad terms.
but what can we do. we have no control over this situation. she wants to hear me say, OK we'll leave when your new tenant needs us to leave...but realistically, we can't.
we thought about renting a Pod and moving all our stuff into that the weekend she wants to move in....its getting sticky.
we were friendly with ours this entire time up until now... i couldnt give 2 sh*ts what kinda terms we leave on... i'd rather have a place to stay than a friendship
if you paid for this month, you stay till the end.... end of story... can you tell how fed up with everything i am? as if we didnt have enough grief from the bank, the condo management, etc...
yes! i'm right there with you. so fed up with all the delays. some of them don't make any sense. and now we're expected to worry about another person's move? its not like we're selling our place, we're just tenants! i hate their making it seem like its our problem to solve when we told them we dont have a definite closing date...
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| Posted 11/21/09 10:15 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
No lease. No writing. No worry.
Unless you put it in writing that you were vacating, I would just keep stalling. Until she gives you written 30 days notice, you can basically stay there as long as you want.
And if the landlord complains, tell them next time they should have given you a written month to month agreement. 
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| Posted 11/21/09 12:48 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by ave1024
No lease. No writing. No worry.
Unless you put it in writing that you were vacating, I would just keep stalling. Until she gives you written 30 days notice, you can basically stay there as long as you want.
And if the landlord complains, tell them next time they should have given you a written month to month agreement.
No lease is by default a month to month or whatever your payment is could be day to day if you pay by the day, it is determined by the tyoe of rent paid. And I believe the OP gave their notice and paid their final rent. IF the LL was to accept another months rent then they can stay but come Dec 15th the tenant has no legal right to the apt and the LL make them leave. The LL cannot make them leave before Dec 15th because they already accepted the rent for that period.
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| Posted 11/21/09 1:22 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by alli3131
Posted by ave1024
No lease. No writing. No worry.
Unless you put it in writing that you were vacating, I would just keep stalling. Until she gives you written 30 days notice, you can basically stay there as long as you want.
And if the landlord complains, tell them next time they should have given you a written month to month agreement.
No lease is by default a month to month or whatever your payment is could be day to day if you pay by the day, it is determined by the tyoe of rent paid. And I believe the OP gave their notice and paid their final rent. IF the LL was to accept another months rent then they can stay but come Dec 15th the tenant has no legal right to the apt and the LL make them leave. The LL cannot make them leave before Dec 15th because they already accepted the rent for that period.
Yes but I am wondering if the notice was verbal or written.
If she gave verbal notice, and if it was sort of wishy-washy like "well I think we should be out by xxxxxx date"... that's not really notice.
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| Posted 11/21/09 1:52 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by ave1024
Posted by alli3131
Posted by ave1024
No lease. No writing. No worry.
Unless you put it in writing that you were vacating, I would just keep stalling. Until she gives you written 30 days notice, you can basically stay there as long as you want.
And if the landlord complains, tell them next time they should have given you a written month to month agreement.
No lease is by default a month to month or whatever your payment is could be day to day if you pay by the day, it is determined by the tyoe of rent paid. And I believe the OP gave their notice and paid their final rent. IF the LL was to accept another months rent then they can stay but come Dec 15th the tenant has no legal right to the apt and the LL make them leave. The LL cannot make them leave before Dec 15th because they already accepted the rent for that period.
Yes but I am wondering if the notice was verbal or written.
If she gave verbal notice, and if it was sort of wishy-washy like "well I think we should be out by xxxxxx date"... that's not really notice.
I think the OP gave a date in Nov but the LL is trying to get them out by Nov 28ish...and The OP has to at least the 15th of Dec because of the rent term.
I know its tough to give notice when closing on a house because that date can change but it also not fair to the LL to then when that date does get changed to be like tough we are staying....the LL cant keep putting off looking for a new tenant based on a tenants closing.
We are closing the first week in Dec and actually told our LL the end of Jan to be safe and give us time to do some work in the house. If our closing went past the end of Jan I would still get out and find a temp place. It stinks but you cant hold the LL hostage....but the LL can force you out earlier than then date the tenant gave them.
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| Posted 11/21/09 2:01 PM |
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rkoenke
my little piggys
Member since 3/08 4315 total posts
Name:
rachel
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
i was sort of in this predicament for a day, i had to sell a house, and couldn't close on the new house for another day.
i literally packed everything i owned into a uhaul truck and parked it mom and pa's driveway until i finally closed on the new house.
there are ways to work with the LL, if you wanted to...
temp housing is an option.. do you have parents or family that you could stay with for a month?
Message edited 11/21/2009 8:03:15 PM.
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| Posted 11/21/09 8:02 PM |
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brassmunky
LIF Adult
Member since 6/08 1163 total posts
Name:
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Re: New Tenant and LL want us to move out...but we don't have a closing date yet!
Posted by rkoenke
i was sort of in this predicament for a day, i had to sell a house, and couldn't close on the new house for another day.
i literally packed everything i owned into a uhaul truck and parked it mom and pa's driveway until i finally closed on the new house.
there are ways to work with the LL, if you wanted to...
temp housing is an option.. do you have parents or family that you could stay with for a month?
not really.
we were thinking of Pod's, but honestly, we shouldn't have to do all this. the LL agreed we can stay until we close. the new tenant is making it difficult for our LL, who in turn is asking us to leave sooner than our closing.
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| Posted 11/21/09 8:09 PM |
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