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I have a 1 year lease until January 2019. About 3 weeks

Customer Question
I have a 1...

I have a 1 year lease until January 2019. About 3 weeks after landlord sent this lease he sent a new one for month to month. I did not sign the second lease. The he put the townhouse up for sale. Now he says he has accepted an offer and the buy wants to occupy both sides.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the townhouse located?

Franklin, wi

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

He told me his attorney said the second lease is valid because the first one was a mistake

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 1 minute by:
3/18/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,416
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

This appears to be a classic breach of contract if they are looking to kick you out of the premises despite your written one year lease agreement. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach.

Some agreements can held unenforceable if there is a mistake, but usually this means that there has to be a mistake to some basic assumption of the contract (e.g. you are renting the wrong premises) or there has to be some mistake that was so obvious that the other party should have known about it, but didn't say anything. Regardless, it won't invalidate the entire contract n most cases, just certain provisions. Regardless, the landlord would have to prove that in court before you would have to go anywhere.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
cancel I don't want you to have the ability to speak to others, this should have been told up front.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

Hi, you can ignore the phone call request. It's automatically sent by the system and not by me. You can disregard. Did you get a chance to see my answer to your question?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

Also, I have no intention or reason to speak to anyone. You'll stay totally anonymous in the entire process. Trust me.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

That message is just a standard message to protect me so you don't mistakenly believe I'm representing you at all. But regardless, I'm here to help.

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Legal Eagle
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Category: Real Estate Law
Satisfied Customers: 10,416
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