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Ask Legalease Your Own Question
Legalease
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16333
Experience:  15 yrs residential & commercial leasing experience.
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I have questions about my landlord leaving termination

Customer Question

I have questions about my landlord leaving termination notice on my gate telling me I have 60 days to move because of sale pending on the property and stating my rent is covered with my prepaid last months and deposit money, however I have already paid this months rent and they have cashed it and so they should be giving me that back.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: oregon
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Legalease replied 5 months ago.

Hello there --

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They may simply give it back to you if you ask. If not, they can hold it as your security deposit and then they have 20 days to return it to you after you move from the property so long as you leave them a forwarding address. Regarding the manner in which the notice was delivered to you, that is a legally acceptable method according to the law and courts to give a notice to a tenant to quit the premises. It is called "POSTING" the notice at the property and it may not be used very much anymore but it is legal.

Please let me know if you have any additional questions. If not, can you please press a positive rating above in the star rating section so I will be given credit for my time assisting you today? I do not receive any credit from Just Answer for helping you unless you press the middle star or the fourth or fifth star to the right of the middle star in the star ratings section above -- I genuinely appreciate it !! THANK YOU VERY MUCH !!

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MARY

Customer: replied 5 months ago.
I moved in to this place sept 16th 2013 on a lease with landlord. after the lease had ended she verbabley asked if a month to month was ok and I said yes. When I entered lease it was advertised as first and deposit but when she met me she decided to charge me first, last and deposit and I paid it. Now that she says the home is pending sale I have 60 days to vacate and even though I just paid this months rent and she cashed it, she is says my rent is all paid up with my last months prepaid rent and my deposit with no mention of the rent I already paid her. plus the notice she gave me states that the time of 60 days must start the day after notice is served but she put the day she left if for me not giving me that additional day. And last thing is. for the past year she has offered the place to us to buy it and we submitted paperwork to buy the place 3 different times through a real estate agent to make is all legit. Each time we got with in 1 week and as close as 24 hours before we were to close the sale she pulled it out of the sale to us and made it a different price. She would not allow us to get an appraisal on the property either, She would not take our money if she thought we financed it, she wanted me to pay her cash only out of my pocket with out a loan. And now that we have this sale pending termination of notice to get out, we are not even sure if we can get out in time. What happens if we need an extra week or two because of buying another home and sale not done yet? We have 4 kids and 2 buildings 4 cars 2 motorhomes , 6 quads and so much more to move out, we are worried about time frame.
Expert:  Legalease replied 5 months ago.

Hello again --

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If you are unable to leave at the end of the 60 days and she refuses to negotiate a reasonable extension then her recourse is to turn to the court and file paperwork to evict you from the property. That process will take more than a month to happen (It will take her about 3 weeks to get a court date and then you can go to the hearing and argue for a few additional weeks time in order to get everything out and when the judge learns that the LL also has an additional month rent on deposit for you, the judge will most likely give you that additional time without any issues). Then, if you do not move out of the place by the court ordered date, she must call the local Sheriff to actually evict you from the home (she cannot change locks or try to move you out herself).

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Please let me know if you have any additional questions. If not, can you please press a positive rating above in the star rating section so I will be given credit for my time assisting you today? I do not receive any credit from Just Answer for helping you unless you press the middle star or the fourth or fifth star to the right of the middle star in the star ratings section above -- I genuinely appreciate it !! THANK YOU VERY MUCH !!

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MARY