So approximately two weeks later in August of 2008 I was ready to move into the new property for which I had entered a contract. I had the remaining funds needed to move in & I contacted the landlord to let her know & to get a date to pick up the keys, only to discover that she had not gotten the floors or the painting done. In hindsight this should have been a large red flag to me but never having been in this situation before & being concerned about being in a house that the sheriffs could enter & remove my furnishings I allowed her to make concessions that she would get it done after I moved in. I didn’t realize that she had breached the contract immediately by not having done what she promised. Because I was in a desperate situation I allowed her to renegotiate the terms of the contract. The landlord did however tell me that I could have it done for a reasonable amount that she had to agree to & she would subtract the amount from my rent. The work was never done. During the contract period between August 2008 & August 2009 there were several breaches in the contract because the property was not well maintained by the landlord. In August of 2009 when the contract was supposed to be renewed the landlord hired several different people to come in & repair all of the things that needed to be repaired & asked me to renew my lease. Since she made all necessary repairs I agreed to continue living there. By October of 2009
THE BREACH 3 I realized that even though I had requested it a new lease had not been signed, when I confronted the landlord with this I was told that she preferred to keep it as a month to month & would not be giving me a new lease to sign. I decided at this point that I had enough & would start looking for a new residence in the spring. One month after I made that decision I was awoken by a man looking for the landlord to serve legal papers because the house was in foreclosure. The gentleman was kind enough to offer me some information, he told me to stop paying the landlord & to let her start eviction proceedings if she wanted to but that there was a new law that protected tenants in these situation. Yes this was the second time a landlord had breached a contract with me & this time I decided to do some research. I discovered that a new fedral law- called the Protecting Tenants at Foreclosure Act –took effect May 20, 2009. Tenants whoare being evicted because the landlord is losing the house or apartment building to foreclosure may now be entitled to remain for the rest of their lease.
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- Summer '14
- Contract Law, landlord