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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34300
Experience:  16 years real estate, Realtor. Landlord 26 years
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I'm doing a lease purchase on a house I've been in years.

Customer Question

I'm doing a lease purchase on a house I've been in for 14 years. For the past few years I've been trying to get the owner to have the roof redid. Now the roof is in pretty bad condition and leaks when it rains. She tells me the insurance won't cover it because its too old. Now she's telling me we'd have to split the cost of a new roof. I need to know if I'm responsible for this roof. I'm not getting of the tax breaks or anything so I'm not understanding why I'm responsible for it.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..This is going to be controlled by your lease/purchase agreement but if it doesn't state who is responsible for repairs and maintenance, then since this is a lease with option to purchase, then it is a lease first and the landlord is responsible for maintaining the house, including any roof problems. If this wasn't addressed in the contract, then the landlord can't increase the option price at the end of the contract and would legally be stuck paying for a new roof on the property...thanksBarrister
Customer: replied 8 months ago.
Ok now the lease to purchase agreement was to expire in 10 years. Its been 14 years is this contract still binding?
Expert:  Barrister replied 8 months ago.
Ok now the lease to purchase agreement was to expire in 10 years. Its been 14 years is this contract still binding?.Probably not, however if you agreed to extend it, then yes. But if you didn't exercise the option to buy the property after the 10 years was up, and there was no agreement to extend it, then it would have expired through inaction and you would simply be a tenant now..That means that the landlord is responsible for maintaining the property including any roof problems. If you are having leaks or mold due to water, then you can call the local Code Enforcement or Housing Inspector and have them out to inspect. They can then cite the owner for any violations and force them to make repairs...thanksBarrister

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