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Posted by mac on January 22, 2002 at 09:24:24:

In Reply to: Re: rent with an option posted by wayne on January 21, 2002 at 22:44:34:

Like the other poster said, whose resonsibility was it to get the CofO?

If it was yours, then you have no claim to any of the monies you paid, If it was the landlords responsibility, then you would have a claim to sue the landlord for the cost of the option plus any extra monies you put into the property. And any extra rent or fees ABOVE what would be the normal market rent.

For example if you paid $600 a month and $200 went to the option, and the landlord didnt uphold his end, then you would be able to sue for the $200 a month Plus anything else you paid for repairs etc.......

If the landlord broke the contract then your tenancy would have to be considered a rental, and the landlord would be responsible for paying for things a normal landlord would anyway.

I hope that makes sense.

;
: : : NO, if the option to buy is still valid, and has not expired and you have it in writing, and if your rent is current.

: : : YES, if its verbal or you have not paid your rent on time, since it is usualy written in the contract, that late payments will void the option to buy, and you would become a month to month tenant subject to a 30 day eviction notice.

: : :
: : : : Is It legal for a landlord to change his mind to sell property

: The option has expired due to the fact the property did not have a c/o
: at time of expiration. Do I have a leg to stand on?

: : just to extend on what mac said, if ALL contingencies specified in the option are still valid, then the option is still valid. 'i changed my mind' or, 'i can get more for it now' is not enough of a reason.

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: 
:   Like the other poster said, whose resonsibility was it to get the CofO?

:     If it was yours, then you have no claim to any of the monies you paid, If it was the landlords responsibility, then you would have a claim to sue the landlord for the cost of the option plus any extra monies you put into the property.   And any extra rent or fees ABOVE what would be the normal market rent. 

:  For example if you paid $600 a month  and $200 went to the option, and the landlord didnt uphold his end, then you would be able to sue for the $200 a month Plus anything else you paid for repairs etc.......

:  If the landlord broke the contract then your tenancy would have to be considered a rental, and the landlord would be responsible for paying for things a  normal landlord would anyway.

:  I hope that makes sense.

: ;
: : : :  NO,    if the option to buy is still valid, and has not expired and you have it in writing, and if your rent is current.

: : : :  YES,    if its verbal  or  you have not paid your rent on time, since  it is usualy written in the contract, that late payments will void the option to buy, and you would become a month to month tenant subject to a 30 day eviction notice.  

: : : : 
: : : : : Is It legal for a landlord to change his mind to sell property

: : The option has expired due to the fact the property did not have a c/o
: : at time of expiration. Do I have a leg to stand on?

: : : just to extend on what mac said, if ALL contingencies specified in the option are still valid, then the option is still valid. 'i changed my mind' or, 'i can get more for it now' is not enough of a reason. 



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