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I am in a five year lease with am option to buy what reasons…

Customer Question
I am in a...

I am in a five year lease with am option to buy what reasons can the lease be broken by the lordland?

Lawyer's Assistant: What are the basic terms of the rent-to-own agreement? Have the conditions been met?

I LEASE THE HOME ON 7/13/15 WITH AM OPTION TO BUY AT THE CLOSE OF THE LEASE 7/13/20 ACCORDING TO LEASE A WRITTEN NOTICE IS NOT REQUIRE FOR EMERGENCY SITUATION LIKE FLOODING WATER IT IS A TRANSITIONAL LIVING HOME WHICH THE OWNER IS A WHERE OF I HAD TO DEDUCT MONEY FROM THE RENT TO PAY FOR PLUMBING PROBLEMS THE OWNER IS ASKING FOR BACK RENT FROM 2015 MONEY THAT WAS USE FOR REPAIRS ALSO WE PUT UP TWO REMOVABLE WALLS THE OWNER THE OWNER IS SAYING I AM IN VIOLATION OF MY LEASE WILL EXCEPT THE WALLS BASED ON I PAID HIM THE MONEY BACK USED TO REPAIR THE HOUSE ?CAN HE GIVE ME A 60 DAY NOTICE BREAK THE LEASE AM I ENTITLED TO MY DOWN PAYMENT THAT HE RECEIVED ?

Lawyer's Assistant: Where is the property located?

WINNECTKA CA SAN FERNANDO VALLEY

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

THE MONEY I SPENT TOTAL 4350 ON PLUMBERS AND REPAIRS HE IS ASKING ME FOR THAT MONEY IN THE FORM OF BACK RENT

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 11 minutes by:
8/1/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 123,381
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In a lease with option to buy, the lease can be terminated by the landlord only when the tenant is in breach of the lease (or of course by agreement of the parties). If your lease did not make you liable for repairs to the property, then plumbing repairs were the landlord's liability and if the tenant paid for those repairs the landlord can be sued for the costs of the repairs or they can be deducted from rent. If the lease made the tenant liable for repairs, the tenant is liable for paying for those repairs without any credit against the rent and rent would be due the landlord.
So in this case the landlord seems to be claiming the tenant is breaching the lease not paying for the back rent and using that rent for repairs. If you spent the money on repairs and the landlord should have made the repairs, YOU have a right to sue for breach of lease or object to any lawsuit the landlord filed for eviction based on the landlord being the one in breach of lease.
So, it depends on what the lease says about payment for repairs as to who is in breach. Even if he tries to terminate the lease, if you refuse to leave he has to sue you to force you out.
He cannot just give you notice and break the lease unless the lease says he can do so. Whether or not you would be entitled to your down payment back would be dependent on whether or not you were found to actually be in breach of the lease. If you are found not to have breached the lease you could seek return of your down payment if the court does not enforce the lease.
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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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