So as long as I continue to pay monthly, he can't throw us out if he finds out about the bankruptcy?
Also, if I wanted to get out of the lease, I know it's shady, but could I legally go onto the court site, add him to the creditor matrix and be released of all liability. I say that because right now I have a situation going on that I posted in the real estate law section that hadn't been answered in which when we signed the 1 year lease 5/11, the polace was for sale, however no where in the lease does it say I have to allow showings. In fact, section 13 states he may only post a for sale sign and show it w/in 45 days of the expiration of the lease. Real estate agents are calling now and demanding I let them show whenever they feel like, and when I say the time dosen't work, they are arguing saying I can't stop them, however, according to the lease he gave us to sign, he's violating section 13 just by having the sign out and being on the market. I have been letting them show, but now it's becoming inconvienient, and I'm saying I have fully legal right to say no to any and all showings from now until March 15, 2012. However I have not been answered as of yet I posted the question 2 days ago, I have included it below including the link to view the entire lease if you care to take a stab at it:
History: On April 11, 2011, in Brown County (Green Bay Wisconsin Area, City of De Pere) my wife and I signed a 1 year lease which I have posted a copy of at: http://voiceondemand.net/Dispute/Ash_Lease_Post.pdfBackground: The house was for sale by landlord when we signed the lease, with a for sale sign from the real estate agency in the front yard. As you can see, there are no added written provisions about showing of the property by real estate agents. In fact under section 13, ‘Inspection of Premises' it states landlord / landlord agent may enter any reasonable time for inspecting which I take to mean once or twice a year to inspect for cleanliness or damages. Further down section 13 states he may only exhibit (showings) and / or display a ‘for sale' ‘for rent' ‘vacancy' WITHIN 45 days of lease expiration. So as I interpret this, he is violating the terms of his own lease by both having the for sale sign outside, and having real estate agents show the property which they have a key lock hung on the door they can get in anytime they want. Furthermore, section 18 entitles me to ‘Quiet Enjoyment'Problem: I have been getting phone days about every other day from agents who want to show, for the most part, I have allowed them to show. I am no longer willing to allow showings after she attempted to force and bully me yesterday when I had an agent call to say she was going to show it Monday between 5 & 6. I stated no, that time does not work, I will get back to you with a time that works. She said I had no right to say no and that I should plan on the showing happening, and she was going to call the landlord to force me to allow the showing. 2 hours later, the landlord sent me a text message stating, "The realtor says they have 3 parties that want to see the house Monday, please accommodate them." Question(s):1.) Am I interpreting section 13 right that he is violating his own terms and is not allowed to have a for sale sign out front, and should not be showing it and in addition must take it off the market until 45 days prior to expiration.2.) Do I have the legal right based on the terms of the lease to say no to the agents that call to show, in addition am I legally entitled to call them and say you may not show as of now until 45 days before April 30, 2012?3.) If the above answers are yes, if the agents have to stop showing, the item in section 13 that says landlord / landlord agents (which I understand the real estate agent is an agent of the landlord, however they are a sales agent) may enter at any reasonable time for inspection. Am I correct that that only includes a once or twice yearly check for damages and / or cleanliness, meaning, can he get around the agent showing by bringing people himself during one of his ‘inspections' or would that be against the terms because he is showing which is above and beyond a damage inspection.
Thank you so much for answering what no one else cared to take the time. My petition was filed not including the landlord or the lease, only the security deposit claimed as a protected exemption, we have had the 341, however not officially discharged so they told me I could go on the site and add a creditor. Now if I add the landlord however there is no back past due rent, just adding him to get a notice not making a financial claim,
#1) If he is just notified and no claim is posted since there is no back rent, does the action of adding him and being notified automatically void the lease, or he just has the option to.
#2) By adding him is a reaffirmation his choice or do I do I have the ability to say I want one and he has to do it?
#3) If I were to add him and he voids the lease (#1 above), it's voided at that second, however does that mean if he voids it, I'm not clear on the law, my assumption is that if he voids it, the second it's voided us still being here is technically tresspassing on his property w/out a lease, furthurmore, would we technically have to be out that second and technically since we would be tresspassing, if he says leave now, is he entitled to keep our property or does he by law have to give us time to remove our property or even voided would the entire thing still have to go through a court ordered eviction process?
I know my question was rambling and repetative, however let me try to clarify your answer, also be advised I am in an unlimited question free trial so I don't know if your get paid for your answers by justanser or not, but I am currently adding funds to bonus you.
1) I could take him to court to stop him from showing and force him to take it off the market until 4/15/12 and w/out retaliation correct?
2) He COULD take us to court on an eviction, however no judge would grant an eviction because I told him no more showings or retaliation if I had to force him to stop showing based on violating section 13 of the lease terms correct?
3) As long as I pay the rent, and don't break any other terms of the lease, he can do nothing to me, he would just have to stop showings and let us live peacefully until the expiration of the terms of our lease correct?
4) Because I did not include him in the bankruptcy on the creditor matrix, if he found out about the bankruptcy based on a public record search, can he void the lease based on the fact that I filed, or does he and / or the lease or property itself have to be named specifically in my petition or on the matrix, or can he find out about it and petetion the court to be added to force voiding the lease?
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