On September 30th my landlord approached us and told us that the house we lived in was going up for sale. She begged us

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Customer: Hello, On September 30th my landlord approached us and told us that the house we lived in was going up for sale.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: She begged us to terminate our lease before jan.1 as it was easiest for them to have us leave earlier as new owners wanted ownership jan.1. We agreed to leave Dec.20th but now she's expecting us to pay a full month's rent. Is that legal? We have paid it but I can't help but feel this is wrong. Me and my 10 month old son will be homeless in 10 days. As no one will rent to us until the 1st however we were forced to leave early I am in alberta Canada
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: The house had a leaking basement and they decided instead of fixing it they were going to sell i think.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I think this is all upfront info
Answered by Debra in 21 hours 1 year ago
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Debra
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Debra
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Debra
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166414 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

You can tell her that unless you get the rent back you're not moving out. Why on earth would you be paying her when you agreed to move out for her?

Does that help?

Customer
I've already paid on the account of scared about legal action. I didn't know my rights. So I sent her the money. Now, I'll be homeless inn10 days for approx. 10 days because no one will start a new lease with me over the holidays. I must sign for jan.1. I was not sure if this is something that is worth taking legal action over. I asked her if she would negotiate with us or prorate us. But she said no.
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Debra, Expert

Well you could sue her but what I'm telling you is that you shouldn't move out. Tell her you aren't moving out as you have nowhere to go so without that money you will not be moving out.

I have to get an order to get you out and she's not going to get it in time so she's going to pay that money.

Customer
Ok, thankyou. We can say this even though november 29th we signed a paper agreeing to leave by Dec.20th? She consistently asked us to do so. As she submitted it to her lawyer for the "sale of the house" I assume the new owners want ownership in January maybe? Regardless she has a piece of paper signed saying we agreed to this. I just didn't think she would charge us the whole month.
Customer
File attached (SZPGPM5)
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Debra, Expert

Can you tell her that you assumed you'd be getting your money back and you're not moving out until you do.

Customer
File attached (2Z24332)
Customer
She said Unfortunately because you dated the letter for the 20 of the December we have cleaning and the like booked for that week with the new buyer looking to move in the 23. I told Ryan that if your willing to let us use the damage deposit of $750 then all we'd expect is $750 as December would be a partial anyway.
Customer
Meaning that she requested the additional 750 of full rent
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Debra, Expert

Tell her that she is breaching the agreement because it is clear that you would not be paying rent for a unit that you are not in and that it doesn't matter what the letter says because the implicit agreement is that she is ethical, fair and honest and doesn't become unjustly enriched to your Are the four security posit and the prorated rent back and when you get it you'll start packing. Tell her otherwise she is free to seek a court order for the infection but you won't be leaving until it's obtained and you are removed by the sheriff. and as such she is in breach of the agreement.

Tell her that under no circumstances will you even start packing up without the money and that you require the full security deposit and the prorated refund of the rent in cash before you start packing. Tell her that if she does not adhere to your demands you will consider the agreement to be at an end and you'll remain in the unit until she's able to get an order for your eviction and have you removed by the sheriff.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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