Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

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: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 11 minutes by:
8/1/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,790
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.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 121,790
121,790 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I am being evicted because the landlord is selling the
I am being evicted because the landlord is selling the property. She had a clause in the rental contract that allowed her to give a 30 notice to alll tenants. She has to show proof of intent to purcha… read more
Andrew
Andrew
Attorney
Juris Doctorate
211 satisfied customers
I'm being evicted, but the sheriff posted the final notice
Hi, I'm being evicted, but the sheriff posted the final notice of eviction on the wrong door. my neighbor just brought it to me. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I'm being evicted. There are no repairs taken care of since
I'm being evicted. There are no repairs taken care of since I moved in 7 mos. TSEI properties have there bookkeeping wrong. The property owner had my power shut down for 2 days. I live in Indiana and … read more
Phillips Esq.
Phillips Esq.
MBA
18,646 satisfied customers
My parents are getting evicted and the eviction notice. I
My parents are getting evicted and my name is ***** ***** eviction notice. I have not lived with my parents in over 4 years. Is there anything I can do to prevent this from damaging my reputation and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can I be evicted if I am on the deed of the home. New York.
I believe so we were served with papers from the local town court … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Tenet is in the process of eviction? he hasnt been in the
tenet is in the process of eviction? he hasnt been in the apartment for days but stop by to pick up stuff and leave. they apperntly have another place there staying.how long does a tenet must leave be… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,121 satisfied customers
If it is determined that plumbing blockage or contruction
If it is determined that plumbing blockage or contruction required in common supply pipes according to camera inspection by private plumbing contractor inspection. who pays … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
I.m living in a rental property involved in a eviction
Hi. I.m living in a rental property involved in a eviction process. in Florida. I'm not the tenant, only a third party. Do I have any defense or right in this process to stay in the property. The land… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,915 satisfied customers
How to stop eviction no notice.was told yesterday to be out
How to stop eviction no notice.was told yesterday to be out by noon today … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,570 satisfied customers
We are currently in the process of evicting our tenants
We are currently in the process of evicting our tenants through court proceedings. We'd like to take pictures of the interior & exterior of the residence as we believe they will trash the place on pur… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
I live in florida. My landlord has not fixed our plumbing
I live in florida. My landlord has not fixed our plumbing since Nov 24. The main bathroom and one of the kitchen sinks backs up so we can not use them. This has been an ongoing issue things do not get… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,298 satisfied customers
Can an eviction be removed from credit report? Missouri.
can an eviction be removed from credit report? JA: What state is this in? And when did the issue begin? Customer: Missouri. 2012 JA: Has any paperwork been filed? Customer: Yes, and the monies owed wa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Regarding eviction, are commercial tenants handled
regarding eviction, are commercial tenants handled differently … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,681 satisfied customers
I have a question that is regarding an eviction notice for
Hi. I have a question that is regarding an eviction notice for non-payment of rent in Washoe County, Nevada … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,570 satisfied customers
I have an eviction problem. Florida. I handed him eviction
I handed him eviction letter on Sat, Dec. 2nd after he informed me he called an spoke with a Deputy Hillman either on Friday, Dec 1st or Sat Dec 2nd. Having said that, He did surrender his key to the property prior to that on Thurs, Nov 30th … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,570 satisfied customers
Can the holder of a contract for Deed in IL just evict the
can the holder of a contract for Deed in IL just evict the person because they say the house has been sold? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I stopped paying rent 2 months ago because our plumbing and
I stopped paying rent 2 months ago because our plumbing and A/C is not working the way it should. I just read that i should have still been paying rent. My landlord died in Feb and his wife is threate… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,326 satisfied customers
Rented this house on July 19 and have had plumbing problems
Rented this house on July 19 and have had plumbing problems since day 1. Tried the usually means to fix by using a plunger and over the counter drain cleaners. The problem has only gotten worse. Sent … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x