Psychopath and Narcissist Survivors Support Group

Summer · Joined: 15 Feb 2007 Posts: 908

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disengaging · Joined: 15 Feb 2007 Posts: 1342

Summer,

You can always ASK, but usually landlords are not required to give back deposits until AFTER the tenant has moved out. If he's going to lose the property to foreclosure, I doubt though he'll give it back in advance.

When I rented, I usually paid "first and last" month by way of making a deposit, and when I left, I just didn't pay the last month, effectively wiping out the deposit I had prepaid so I didn't have to worrry about whether or not the landlord would return my deposit after I had left.

As far as moving goes, instead of getting a truck or moving company, have you thought about getting a POD? Are they available in your area?

If you don't know what a POD is, it's a great big storage unit that they plop down in your driveway, you fill it up yourself, and then the company comes and picks it up for you and either stores it for as long as you wish, or just brings it where ever you want--and plops it back down in your new driveway for you to unload at your leisure. After which, you just call them and have them come pick their POD back up.

You can go to www.pod.com however there's a number of other companies that also offer PODS so you might want to shop around at a few different ones for the best price.

Really, it's a great way to move! No one else touches your stuff and the price is actually quite reasonable and far cheaper than hiring a moving company, and usually, even cheaper than renting a truck--and all you have to do is move your stuff from the house, to the driveway, and back inside your new house again!

Best of luck!

Summer · Joined: 15 Feb 2007 Posts: 908

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Sailor2bill · Joined: 21 Feb 2007 Posts: 204

Summer, if the landlord is being foreclosed maybe he does not actually have the money to return to you. If you don't ask you wont receive, but don't depend on getting your money back even though you are entitled to it. I'm just trying to let you down gently in case this happens.
It is quite common for a tenant in UK to with hold the final month's rent in lieu of the initial deposit. Not quite legal, but quite common.
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NancyCT · Joined: 28 Feb 2007 Posts: 1371 Location: Connecticut, USA

Summer,

I'm glad things are looking more positive, and you are spared the panic of a quick move. The last time I had to move under duress, things turned out better in the long run, and I was glad I had been forced to move.

Sometimes life is like that. I think that because of what we've been through, we're constantly waiting for the other shoe to drop, and everything seems like another major crisis. Well, sometimes it is another terrible crisis, but sometimes it's just life.

I hope you find an even nicer place than you have now. And, it will be your own, no Ns allowed.

Summer · Joined: 15 Feb 2007 Posts: 908

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Sailor2bill · Joined: 21 Feb 2007 Posts: 204

Summer, if your pets have not actually caused any damage, then your landlord is not entitled to keep the 'pet deposit'. However, it would be very unusual if there is no trace of them. There will be cat & dog hairs, maybe carpet stains or scratched decor. I would try to sort out as much as you can, amicably, with your landlord as soon as possible. If he is in financial trouble himself then it could be a waste of time going to the small claims court, you could be chasing the wind.
I noticed your comment "purchasing the rental: FORGET it. It is NOT an option". I think maybe you are toughening up at last! I have thought that you are maybe a bit submissive toward N who sometimes walks all over you. You also appear to accept what your lawyer says without protest. Do you remember me saying that I had to toughen up my D? Not her in basic personality but in her reaction to her situation? She DID toughen up and started fighting for herself against N and her first lawyer (who she dismissed). As a result of this change in attitude she eventually won against N. I can sense this change in you (as in your FORGET it, its NOT an option statement).
Perhaps I have goaded you a little, but you need this change of approach in order to win against N (or as near as anyone gets to beating an N)
It does not change your basic personality to outwardly toughen up.
Best wishes
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Summer · Joined: 15 Feb 2007 Posts: 908

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Sailor2bill · Joined: 21 Feb 2007 Posts: 204

Summer, at first glance I can't see any argument against what you landlord is saying. It's becoming very clear he has his own financial problems so try to work with him rather than against him. As said previously you probably would have TIME in the house before you eventually have to go. Physically putting someone out on the street, legally, can take an awful long time, so time IS on your side. Be careful though that you don't end up owing rent to the mortgage company. Keep the Emails the landlord has sent you. I don't think I dare say to find out what the mortgage company want to buy it from them. You could be agreeably surprised. Don't tell me off for saying that!
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Summer · Joined: 15 Feb 2007 Posts: 908

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disengaging · Joined: 15 Feb 2007 Posts: 1342

Hi again Summer,

Unfortunately, it looks like you live in the U.K.(?) , and I don't know what the laws are there, but here, even if the bank forecloses or permits a "short sale", they still can't put a tenant out without proper eviction proceedings through the court system, which takes, at minimum, a good 2 months. That is PROVIDING you can get a court date that quickly.

Even if the bank owns the property? Well, your lease agreement is with your current landlord, not them, and that lease doesn't automatically transfer upon sale of the property. You have no lease agreement with the bank so you are under no obligation to pay them anything, and if anyone were to sue you for not paying rent, only your current landlord could do that--but you now have IN WRITING that he has agreed to waive your rental payments for the next 2-3 months!

I don't know how things work in the U.K., but here, I believe you could take your landlord's e-mail into court, where it would be regarded as a legally binding contract, superceeding any previous contract you signed--make sure you retain it! As our legal system is actually based on yours, I think it might work the same way there, but you might want to run that past legal counsel to make sure.

A foreclosure is actually different than a "short sale". In a foreclosure, the bank repossesses the property. In a "short sale", the bank agrees to allow someone else to purchase the property for less than the amount owed.

If the bank forcloses, here in the U.S., the process takes about 18 months and costs the bank about $80 grand. For this reason, banks often will agree to a short sale instead, which permits them to save the time and legal expenses of a foreclosure.

So if you landlord is able to get the bank to agree to a "short sale", the bank won't actually be repossing the property anyway, and the new owner may be in need of a tenant, which could be YOU!

Have you discussed this possibility at all with your landlord?

disengaging · Joined: 15 Feb 2007 Posts: 1342

Oh, almost forgot...

By the way, in saying the above, it is from my own experience as a landlord--and I HAVE bought properties on "short sales".

When I buy a property, there is no way I would ever evict a current, good, rent-paying tenant! That would be stupid and counterproductive. Hell, I'd have to first go through the eviction process, then I'd have to paint, recarpet, advertise and qualify any potential new tenant--losing all that rent money in the process, after which, who can say whether the new tenants would even work out? I'm an accountant, and always do the math, and believe me, I'm going to do everything I can to work with any proven GOOD pre-existing tenants, even to the point of foregoing having them pay me a new security deposit, just to retain them.

Your current landlord can't really speak for the new owners, but maybe he might agree to provide their name and phone number and you could see whether the 2 of you might be able to work out?

Unless, of course, whoever he's planning on selling to is thinking of moving in, in which case they STILL have to provide you with proper notice--usually a minimum of 30 days AFTER they close on the property, which could still take several months, and if you didn't leave after that, THEN they'd have to start the eviction proceedings...

Does your landlord even HAVE any prospects interested in buying the property yet? Really, I'd just stay.

Oh, and one other thing about "short sales". Quite often, the type of investors who buy this way aren't planning on retaining the property, but reselling. It's a great way to make money, and this is how it works.

Say your property is worth $100 grand, and your landlord owes $95 grand on his mortgage. As it would cost the bank $80 grand to forclose instead, an investor will offer to buy on a "short sale" for $60 grand instead. By accepting the offer, the bank will actually lose $35 grand on the loan, but that's better than losing the $80 grand it would cost in the foreclosure proceedings.

After the investor closes on the deal, he then turns around and puts the property up for sale for the $100 grand it's worth, sells it, and nets $40 grand from the deal, less whatever money he puts in to prepare for the sale.

An investor who is planning on reselling the property might just let you stay there in the interim, maybe even for free, especially if you offer to "watch" the property for him, and assist in getting it ready for resale--this way, he would have someone there when painters and carpet layers arrive, instead of leaving it vacant and open to vandalism...

Best of luck!

Sailor2bill · Joined: 21 Feb 2007 Posts: 204

Summer, take very careful note of what disengaging is saying. Time Is on your side.
By the way have you seen my posting under 'Anything Goes' in the psychopath forum? It'll take your mind of your problems for a while.
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Summer · Joined: 15 Feb 2007 Posts: 908

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fraggle_1972 · Joined: 03 Mar 2007 Posts: 570