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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: 4 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/18/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,340
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 4 months 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 4 months 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 4 months 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 4 months 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 4 months 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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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).

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