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Finally someone i can speak too. No i got served my 3 day…

Customer Question
Finally someone i can...

Finally someone i can speak too

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

No i got served my 3 day pay or quit then i got served a unlawful detainer, im stuck from here tho

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

They served me with a 6o day move out cause they are selling the home, we are in a year lease i signed in september of 2017, As you see here our lease is broken here not bye me (tenant) but bye landlord. i am financially struggling i cant afford to pay rent and still move

Submitted: 2 months ago.Category: Real Estate Law
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Customer reply replied 2 months ago
hello
Answered in 1 hour by:
6/1/2018
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,005
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

Are you currently behind on the rent?

.

.

thanks

Barrister

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Customer reply replied 2 months ago
I didn't pay his months rent whichever is may. Cause on may 1st they served me with a 60 day move out. Cause they are selling the home
Customer reply replied 2 months ago
I signed a year lease last September for another year ending September 2018
Customer reply replied 2 months ago
I can't afford to pay my rent and unexpectedly have to move. I thought that's what a lease was suppose to protect you from?
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

Ok, first...they can't legally terminate the lease. You are correct that it is a legally binding document that either party can enforce.

.

But you have to pay the rent.

.

If they gave you a notice to terminate, your recourse is to check with someone, like an attorney, (or JA) to see if they can do so, which they can't..

.

But when you stopped paying rent, that gives them the right to legally terminate your tenancy with a 3 day pay or vacate notice and then evict through the courts..

.

If you had paid the rent, there is nothing they could have done to end your lease... any new owner would just have become the landlord.

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So when you go to court, you can try to explain to the judge that you felt you were justified in not paying rent to save up for the move..

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But even if they did have the right to terminate, you still would have to pay rent for that 60 days.... so I hate to say it, but you are legally in the wrong here..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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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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