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HHI944 HHI944 is offline
drunk and stupid
 
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Join Date: Jan 2009
Posts: 8,619
I think I'm screwed. Dueller, any other attorneys, suggestions?

Back Story:
I'm in my 3rd lease on a property and recently have been referred to a partner in the ownership whom I didn't even know existed until recently. I resumed my beotching about the roof and electrical issues that I'd been harping on for a few months. (Stupidly, I signed the last lease thinking that maybe something would be done.) Actually, I included a note informing him that the lease would be terminated and I would sue to collect my costs in moving should he not fix the issues within 30 days (my terms were relatively lenient in comparison to what state law permits) The new guy gets an electrical contractor out and that issue is resolved fairly quickly and cheaply as it was just one of those stupid things. The roof was dead. I accommodated nearly a dozen companies coming out to gather information for a quote and after 2 weeks he settles on one. Another week passes as the roofer waits for a 50% deposit, then he receives a 25% deposit and the next day my 'landlord' leaves the country for the week. The roofer begins work as he fears that the roof would not withstand many more storms or even mild winds (8 year roof, 26 years old). 'The check is in the mail' is the line he's been given for the last 2.5 weeks and I still have roofers coming out to do a little bit everyday, driving myself and my neighbors thoroughly insane. After a long conversation with the roofer, he says that most situations like this occur not long before the house is foreclosed upon. I do some digging at this point because the house was represented as mortgage and lien free when I signed the initial lease. Sure enough, there's a 500k mortgage on the house that was taken out when the current owners purchased in '04. I pull the actual mortgage and, after reading all 30 pages multiple times, I'm pissed. The mortgage actually explicitly prohibits them from renting/leasing the house as a term of the variable interest rider and the remedy is that the mortgage company calls the loan. In my current lease, I'm paying ~30% over fair market as the previous lease was fairly cheap and he admitted to me that he needed more money as the last one didn't actually cover his expenses.

I'm not sure what to do. The roofer is pissed and I'm freaking out that I might have someone knocking on the door, from the bank, telling me to GTFO any day now. Should I pack up and haul ass? There are about 4 months left on this lease and if I'm going to have to move early it needs to be now as my busy season is coming for my business and I'm looking at 2 solid months of 80+hr weeks. As for the legality of packing up, I'm all clear, I 'should' have left nearly a month ago according to state law.
I'm pissed.
Old 10-19-2010, 06:01 PM
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