• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

lease but no access

  • Thread starter Thread starter isallhours
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I

isallhours

Guest
What is the name of your state? California
We signed a 3 year lease and a purchase agreement and an option agreement Aug 30 2004 the lease was to commence on October 1st but the owner did not inform us that he had a lease with the tenants that does not end untill Jan 2005 he said he would evict the tenants because they were damaging the house, but he didn't do it correctly and they hired a lawyer.
The owners lawyer said he will lose and suggested conceding and refiling correctly. Mean while we gave owner $5,000 Aug 30th we gave our notices to move and now we are stuck. It could be 60 more days, are we entitled to our lease option money to be returned since we never got possession.
 


H

HomeGuru

Senior Member
isallhours said:
What is the name of your state? California
We signed a 3 year lease and a purchase agreement and an option agreement Aug 30 2004 the lease was to commence on October 1st but the owner did not inform us that he had a lease with the tenants that does not end untill Jan 2005 he said he would evict the tenants because they were damaging the house, but he didn't do it correctly and they hired a lawyer.
The owners lawyer said he will lose and suggested conceding and refiling correctly. Mean while we gave owner $5,000 Aug 30th we gave our notices to move and now we are stuck. It could be 60 more days, are we entitled to our lease option money to be returned since we never got possession.
Click to expand...

**A: no, you would only get your deposit back. The option stands.
 
I

isallhours

Guest
even if on the lease agreement it has a clause for other conditions and there it states see option agreement and purchase agreement.
 
H

HomeGuru

Senior Member
isallhours said:
even if on the lease agreement it has a clause for other conditions and there it states see option agreement and purchase agreement.
Click to expand...

**A: any more important details you would like to now tell us?
Get an attorney, you know, the same one that you should have hired before signing the contract, to review it.
 
I

isallhours

Guest
Thankyou for your advice, the bad thing is we really want this place we just don't want to wait til January
 
Y

You Are Guilty

Senior Member
What about the owner's duty to deliver possession? Wouldn't that also entitle our OP to the costs incurred in seeking alternate lodging until the holdovers are booted?
 
R

robert.knepp

Member
HomeGuru said:
**A: any more important details you would like to now tell us?
Get an attorney, you know, the same one that you should have hired before signing the contract, to review it.
Click to expand...

*giggle*

Yeah, you should have given some money to someone (a lawyer) to ensure you didn't lose money later! HG is absolutely correct, it's just funny how it works out for the lawyers no matter what. :D
 
H

HomeGuru

Senior Member
robert.knepp said:
*giggle*

Yeah, you should have given some money to someone (a lawyer) to ensure you didn't lose money later! HG is absolutely correct, it's just funny how it works out for the lawyers no matter what. :D
Click to expand...

**A: you are welcome for the laugh.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top