Posted on 12/17/2013 8:04:19 AM PST by Siouxz
My family is in urgent need of prayers. Our landlord unexpectly sold the farm we had been renting with an eye toward rent-to-own. New owner will not even speak to us. Wants us out of his new weekend retreat before January 3. No compromise. He is completely within his legal rights to do this, btw. I am talking about 7 people, including 2 preschoolers, becoming homeless on a Kentucky Appalachian mountaintop in January. We have a cow ready to calve any day now, 3 horses, and farming hand tools we have been gathering for several years. If we and our possessions are not out of the house by the 3rd, we will lose everything we have been working for and have to squat in the woods somewhere in our camper, car, and with only the clothes on our backs. We thought we had caught a break yesterday when an old man told us we could stay in this unfinished farmhouse (Just a shell-no water, electricity, or heat. Uninhabitable by today's standards, but we could have made it work). My sons went to meet him last night and he never showed. Now we cannot contact him by phone. We are not ones to rely on assistance from the government. It kills the soul. But this situation is too much to bear. Until we went through 6 cars in a year and could no longer afford reliable transportation for my 126 mile round trip every day, I was a cardio-thoracic operating room nurse. Don't ever think this cannot happen to you. We have personally seen God make a way where there was no way. But I would be lying if I said our faith is not being severely tested right now. Please pray that God would see us safely through this trial. Our only desires are to remain together, be warm, keep our cow for food, and be able to grow a large garden. The extra stuff doesn't matter. Please pray for us. God bless and Merry Christmas.
If you have a rent-to-own and a certain portion of your rent was going to the purchase of the property, the new owner would have to honor the agreement/contract. You have an enforcable contract. Check with a real estate attorney.
If you have an enforcable lease (lease still has time remaining) you can stay until lease expires. Contact approved housing counciling agency in your area.
From: http://real-estate.lawyers.com/landlord-tenant-law/Lessees-Rights-on-Foreclosure-and-on-Sale.html
Sale
Generally, if your landlord sells the rental property where you live, your lease doesn't end or terminate. Rather, the buyer of the property becomes the new landlord, and the buyer, as new landlord, is entitled to the same remedies against you for recovery of rent and for failing to meet the terms of the lease that the old landlord-seller had.
The new owner-landlord can't evict you, can't raise the rent on your existing lease, and he or she must get the security deposit that you paid to the old landlord and then refund it to you when the lease expires.
Likewise, you're bound by the lease and must perform all your obligations and duties under it, such as paying rent, keeping the premises clean, and not destroying or damaging the property.
There's one exception to the general rule that the sale doesn't terminate the lease: if the lease states that it terminates automatically on a sale of the property by the landlord, that clause will be enforced, if challenged in court, so long as the sale was bona fide, that is, not fraudulent.
For example, if your landlord sells the property solely for the purpose of terminating the lease, a court would likely find that the lease did not terminate and that you're entitled to stay on the premises or receive damages for the landlord's wrongful conduct.
Often, the landlord-tenant laws will require your landlord (or the buyer) to notify you of the sale and to give you the buyer/new landlord's name and address so that you know where to make rent payments and who to contact about maintenance and repair issues.
Amen
Thanks for doing some leg-work on his behalf. I think you’re right that the OP doesn’t have access to a computer or a long-term wifi connection.
Prayers for God’s blessings on all.
If you can get a local lawyer to see the County Sheriff do so now. If not, I would consider going to the Sheriff direct and asking if he has been asked to help in eviction.
That is where the rubber meets the road and he might get you some modest time relief.
God, please help this family find a new home in the next week.
In Jesus’ name, Amen
Prays to you, but I would force them to evict you with a deputy by his side. That takes time, and if you were paying and not a squatter then by all means demand it that way and find a lawyer that will help cheap. It will buy you some time, and even though you will eventually be forced to move just because he says x date doesn’t mean that it’s engraved in stone.
FYI, even if your lease is up, and they have rented the property to someone else, they cannot simply toss you out if you do not leave. If you remain on the property, the landlord will have to file a suit to have you evicted. That means posting a notice, and unless otherwise stated in your lease, the notice period in Kentucky is 30 days. If they accept any payments during that 30 day period, the notice period can be reset (in court) by their acceptance of payment, and they could have to post a new notice.
To top it off, even after they get a court order for possession, they have to wait for the sheriff to schedule the eviction, and come out to remove you and your property. Most sheriffs are not too enthusiastic about scheduling evictions quickly in the wintertime, or around Christmas. So, if you just refuse to leave, you probably have at least a month, possibly a few months, before they can force you out.
Prayers up. Please apply for government assistance. It’s there for people who need it.
Family, friends, church, have you no support network to help you through a rough spot? If you were renting to own the property cannot be sold out from under you unless you stopped paying. Even so, an eviction notice is required with a set time limit. Perhaps you’re panicking and not thinking this through.
If there any lawyers out there that have a heart, please help this family .I Know for a fact you just can’t throw a renter out in the cold. A good lawyer can drag this thing out till you find something. What kind of a heartless bastard is this guy? You and your family are in our prayers at this Christmas Time.
Property sold and new owner wants them gone.
We were in a similar situation. It’s ugly and I’m sorry it’s happening to you. I’m going out for my five-mile walk with my dog right now. I’ll recite a rosary+ for you, and for your intentions. But don’t leave your residence. Forcing the new owner to retain a lawyer first will give you some time to continue searching for a new place.
Prayers to you and your family. Sorry to hear of this, sickening.
How much can you afford to pay for rent? There doesn’t appear to be any shortage of farm property rentals in Kentucky. Maybe you should think about finding a rental closer to the city, until you can get back on your feet, financially.
Here is one -
For Rent $400Louisville 40292, KY, United States - 1 day ago on spreadmyad.com
home 3,000ft²
My wife and I own a 20 acre farm where we raise most of our food. We cook and work a lot on the farm and in my spare time I am a ceramic artist. We are both retired and live comfortably. We have a big wood kiln and share it with other ceramic artists. We are both educated ...
Prayers
Prayers up!
Sending my sincere prayers for you and your family.
Long term, you are right. But you've paid for the government's upkeep all your working lives, so collect some of what you've been paying for- temporarily. There's no shame in taking charity, but even less in taking some of what is owed to you.
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