House Was Rented With Option To Buy.

Landlord is not providing a safe environment by not making necessary repairs according to Codes.

The Landlord is having work done to barely get by inspection, if any is done.

Can I terminate my lease and get all the money back that is "supposed" to be put in escrow account?

Or do I need an Attorney?

Answer:

First the short and quick answers to your rental agreement questions,
followed by some detailed observations and possible solutions...

1) Landlord is not providing a safe environment by not making necessary repairs according to Codes...

...Write a repair order request and submit it to your Landlord.
Your Landlord may be able to provide you with such a form for you to request repairs.
If not, a written request with:


  • Address of rental unit

  • Renter and Landlord's names per the rental agreement

  • Repairs needed

  • Dated and Signed


When the repair request is in writing,
if you decide to go to Court to break your lease,
you can provide the Judge with a documented history of your requests.


The Landlord should be given a reasonable period of time and the Tenant should give
the Landlord access with proper notice to perform maintenance requests.
Thirty-Days is usually a sufficient time period depending on the nature of the repairs.

Serious safety repairs should be taken care of immediately or in a matter of a few days.
Natural Gas or Electrical emergencies should be reported to Utility providers immediately!

Note: Many times rental units are rented as is. Repairs can be expected however,
remodeling is usually above and beyond terms of a rental agreement.



2) The Landlord is having work done to barely get by inspection.

Not all skilled-trades’ people are experts however,
If the Landlord is having the work done and passes inspection,
although the repair work may not be up to your standards or expectations.

If the Inspector passes the repairs, the work is considered completed.

3) Can I terminate my lease and get all the money back that is "supposed" to be put in escrow account?

... Leases can be broken. Settlements can be awarded by the Judge.

Do you have a Case? That depends on what is in your lease agreement between you and your Landlord.

If it is not clear to you;


  • What you and your Landlord have agreed to in your lease,

  • Or if you do not think you could win in a Court Hearing,

  • By representing yourself,

  • To break your lease and have the escrow money for Option To Buy returned to you,

  • Then the answer to your next question...


... 4) Do I need an Attorney?

In the scenario you provided,
if you cannot get the work done you expect from your Landlord agreeably,
although the law does allow you to represent yourself in Court,
I always recommend an Attorney when I'm asked.

Observations And Possible Solutions...

There may be (almost always,) some type of underlying problem (motive), other than the facts (or questions) presented.


In number 1) it is stated the Landlord is not making necessary repairs.

In number 2) the Landlord is having the work done and passing inspection.

In my opinion, I'm not an Attorney, the repair work is being completed. This case scenario
would not pass,
for grounds to terminate a lease.

There Is An Underlying Problem To Want To Break The Lease!

In the past I've been a renter,
currently I'm a Landlord and Realtor®.

I've been on both side of contracts as a renter and Landlord,
and as a buyer and a seller of real estate.

What I've discovered about real estate and rental contracts are that people change their minds, including me!
It is certainly natural to change our mind however,
when we sign a contract,
both parties are bound to honor the contract!

In this Tenant Landlord scenario,
although there is no obvious legal cause (in my opinion) in the statements to terminate the lease...

The Desire to Terminate the Lease is Presented

A Renter's lease with option to buy can be terminated should a Renter change their mind.

Likewise, a Landlord can terminate a lease option to buy should they change their mind.

There will be consequences and costs to pay!

Unless the two parties that entered into an agreement can negotiate their way on their own to break a lease contract, as it is said...

"You Can Have Your Day In Court".


Breaking a contract without cause may generally favor the "Holder" (the Landlord).

Breaking a contract with just cause will generally favor the "Maker" (the Renter).


  • Attorney Fees

  • Court costs

  • Time off work

  • Transportation costs

  • Stress

  • Personal conflict and confrontations

  • Are a few reasons I personally avoid Court and make the best I can with negotiations out of Court.


Considerations:

In this situation, if I was the Renter, I would make the Landlord an offer to break the lease with option to buy contract. A small token cash offer sometimes works!

I wouldn't expect to get any of my escrow deposits towards the purchase to buy refunded to me.

I would try to help the Landlord find a new renter with lease option to buy and or be very willing to make the property presentable for showings by the Landlord to new prospective Renters.

I've Experienced This Frustrations Myself!

The goal is to get what we want, even if it's only because we changed our mind!

Since YOU Asked this Question, you probably didn't get the answer you wanted.

You're invited to continue with your question by clicking the link below so that I and ask-the-rehabber.com visitors can discuss the situation with you until you resolve your situation.


Joe Trometer


Disclaimer:
"When someone asks if they need an Attorney, they probably do!" I'm not an Attorney! My opinions are not legal advice. I recommend using an Attorney before signing contracts or in the event of breaking contracts.



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