Legal Question in Landlord & Tenant Law in Washington
Landlord breaking lease on rent to own
I recently split up with my wife and was having a little difficulties paying the extra 500 towards the purchase of the house. im suppose to have 2 more years to get a morgage on the house to pay my landlord off. I have kept up on my rent this whole time and done alot of remodling to the house plus paid him 42,000 towards the purchase of the house. now he is trying to evict me and is saying Im out all my money when the agreement was that he would only keep 10,000 if something were to happen that i couldnt buy the house. What can I do about him taking my money?
1 Answer from Attorneys
Re: Landlord breaking lease on rent to own
You are asking a dicey question, which is only dicey because I have not seen your contract with your landlord/seller. Frankly, depending on the language of the purchase sale agreement, this could go either way.
I have seen cases where people have been paying like you, for years and years, and then when they fall short, the landlord/seller says they are in default because they are behind in payments, and he forecloses, so that all the equity that was built up turns to dust and essentially reverts back to the landlord.
That's why this type of deal is really risky for the buyer, but a potential boon for a landlord. I believe these types of contracts are outlawed in some jurisdictions, and either way, they are not consumer friendly, given that they are only used by folks in your position, who need to establish or re-establish credit.
From what you wrote, it seems that your landlord gives everything back, save $10,000 if you go into default. You are really going to want to spend the money on a lawyer to at least look it over and render a written opinion as to what your rights and duties are under the contract, so that you can at least know what you are facing.
If you can't find someone local, feel free to get in touch with me, and we can work it out by e-mail and fax and I am happy to help out.
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