Should I pay *This Month's Rent*??

devotedchristian

DIS Veteran
Joined
Oct 16, 2002
Messages
564
DH and I entered into a Lease Purchase with the Option to buy. The lease agreement was from August 05-August 06.

We paid the Sellers $2,800-First and Last Month's Rent.

We also paid the Annual Homeowner's Association Fees of $395 AND we have taken care of all repairs of the house we are in.

Being Ideal Tenants, we have asked them for NOTHING, all they have done is take our monthly payment.

Before we signed the Agreement, the Sellers told us their Mortgage Payment was $1,400 and that was what we would pay with ZERO going towards Closing Costs OR the Purchase Price of the house.

We have paid them On Time...Every Month.

This is the last month of the Agreement and up until 2 months ago, we were seriously trying to close on the house...that is...until we started looking at other houses that were for sale in the subdivison.

We found that some of these houses were going for LESS than what we in...AND included a Full Basement. Our house is a 3bedroom 2 bath Ranch. These houses were the same except for Full Finshed Basements.

AND, the Sellers were contributing 3% of Closing Costs PLUS Allowances, whereas our Sellers were contributing NOTHING.

They refuse to pay an part of the Closing Costs or anything else. They didn't want to talk about Closing Costs when we signed the agreement and we were knowledegable enough to ask about it...we were just so thankful to be in this subdivision...There were NO Agents involved.

2 months later, the wife (Seller) said they REALLY need us to Close in August so they can collect the Proceeds from the Sale of the house...ANd they have been very generous with us by paying $389 per month ALONG with the $1,400 per month we have been giving us.

I said "WHAT??!! So are you saying your actual Mortgage is $1,789 per month...why didn't you tell us before" She said they felt we would'nt be able to make the payment AND they had been paying 2 mortgages for the past 6months and couldn't afford to do it anymore.

So, she and her DH have been putting the pressure on US for the past 2months that we have GOT to close because they need their money and they cannot continue putting $389 per month with our $1,400 per payment.

She said, "We have been more than generous with you guys from Day 1...we cannot carry you any longer"

I said "Well, you should have been honest with us about your REAL mortgage payment...DH and I never knew what you were paying"

So, to sum up, they said:

"This isn't personal, This is business, if you cannot close by the end of August, you will pay the Full Month's Rent of $1,789 AND we are going to put the For Sale sign in the yard and put the house back on the Market. If we receive Buyers and they can close, you and DH will have to go"

That's exactly what they said. Let me back up, DH and I are PreQualified...we were waiting for a couple of things on our credit report to Update so that the scores can be recalculated ($75 per bureau) and I TOLD this *Woman* that we just needed 30 more days as it would be a September Closing.

She said September wasn't good enough, they have 3 kids and they need their money NOW!

So, DH is pissed that we have been the Ideal Tenants to them, have taken care of this house as if it was our own. He said, "We are at the door of closing, their our better deals out there ANYWAY, let's move into an apartment September 1 and let them put the house back in the market"

I told her and she and her DH were Furious! So the husband calls and said "Well, if you guys move, you are going to put us in a VERY bad spot, the mortgage for August has got to paid on that house, when can you pay the Rent of $1800 (includes a late fee)"

I said, "we paid a deposit of $1,400...what about that" He said "You have to be kidding me, Hun, you don't get a deposit back, you didn't close in time"

DH is Angry and says "We ain't giving them NOTHING, they have been looking out for Themselves...We have got to look out for Ourselves."

He says we are not giving them the mortgage for August because they want to use us by having us stay here to pay their Mortgage until someone comes and by the Property and then WE are screwed and have no where to go.

The Seller (the husband) said "Even if the property sold...it's not like you guys would have to move immediately anyway, you would still have like 30 days to vacate." That's what he said.

That's where I need your help, should we pay This Month's Rent?

I worded this all wrong...I see that now.
 
Not having read your agreement it is impossible for me to tell you if you should get it back. It may say that you only get it back if you actually bought the house. If is was me I would get a short term lease at an apartment and then look at other houses in the area to buy.
 

Ouch, you are hosed. You agreed to the terms, a contract is a contract.

The fact you were ideal tenants and paid for things out of your pocket was not the best plan and not relevant to the contract.
 
Let me clarify, I shouldn't say... "Deposit"... it was "First and Last month's Rent"

*This* is the last month as we are moving OUT. So, instead of asking "Do we deserve our Rental deposit back"...

I should ask "Should we have to pay This Month's Rent?"
 
Sorry, but you DON'T get your deposit back. If you put down "option consideration" at the beginning of your lease option, it is generally non-refundable. And I can't believe you got in for $1400. You are very lucky. NORMAL consideration is 5-10% of purchase price.

By the way, the payment the sellers make is absolutely none of your business. And the fact that your house is costing more than others is of no concern to the sellers. If you had researched lease option or lease purchases at all you would know that you often pay a premium to "try before you buy." Do you understand that you took the sellers house off the market for the entire term of your lease option period?

You need to pay them for August. You are living there, right? Not paying them is not only unlawful, it is RUDE and UNETHICAL!

You said you did not use an Agent. Next time I would recommend using an Agent or an Attorney. I would chalk up your loss to a relatively inexpensive lesson.

Tracy
 
First off what kind of late fee is $400, that's really high. Secondly, you must live in a great market if they think they can close and get their money by Sept 1. Unfortunaly unless you have it in writing that they would sell the house to you and return your deposit, I would consider the deposit the rent for August. Honestly I would hate to buy from these people, they sound horrible and I wouldn't want to give them a penny. Good luck and I hope you find a better place.
 
I don't think you should pay the last month's rent if there is no damage in the house. Generally though, I think of lmr as a deposit. My other thought is if you have an agreement with a certain amount of monthly payment they can't increase it on you now while you are still in the time of the lease. They can't increase August's payment but if the terms of the lease are 12 months they could increase Sept's.
 
Is this who you're trying to buy the house you posted about yesterday from? Or are you trying to buy a different house. I think you should use this as a huge lesson in why you need the help of a professional -- a real estate agent AND a lawyer. In any case, it looks like you need a lawyer now.

Whether you get your deposit back depends on what your contract says. It sounds like you agreed to buy the house a year ago. Is that true or was it an "option"? Did a lawyer do/go over the contract?

BTW, I don't think the amount of their mortgage payment is relevant to you. It's their problem and their issue, not yours. They're getting income tax deductions for the interest and taxes, so they're probably not really paying more than you.
 
lesroi said:
Sorry, but you DON'T get your deposit back. If you put down "option consideration" at the beginning of your lease option, it is generally non-refundable. And I can't believe you got in for $1400. You are very lucky. NORMAL consideration is 5-10% of purchase price.

By the way, the payment the sellers make is absolutely none of your business. And the fact that your house is costing more than others is of no concern to the sellers. If you had researched lease option or lease purchases at all you would know that you often pay a premium to "try before you buy." Do you understand that you took the sellers house off the market for the entire term of your lease option period?

You need to pay them for August. You are living there, right? Not paying them is not only unlawful, it is RUDE and UNETHICAL!

You said you did not use an Agent. Next time I would recommend using an Agent or an Attorney. I would chalk up your loss to a relatively inexpensive lesson.

Tracy

Thanks, I clarified in the other post, but it's not a deposit, I Pre-Paid for August 06 LAST August 05.

So really, my question is should I pay *This* month's rent?
 
DH and I entered into a Lease Purchase with the Option to buy. The lease agreement was from August 05-August 06.

We paid the Sellers $2,800-First and Last Month's Rent.

If I read that right, you're in the last month of the lease right now and part of the $2800 was the last month's rent. As in, the month you're in right now. At least, that's how I understand it. Maybe I'm wrong.

I'm not a lawyer, but IMO you don't get that back, but you don't owe any more either.

As for repairs and upkeep, what was done? What was agreed to in the lease as to who is responsible for what repairs and upkeep? If you paid for repairs that the homeowner was responsible for, do you have documentation? I can see you being responsible for things like mowing and trimming hedges, but if you did something like put a new gutter on or new carpeting inside, something like that should have been on the owner.

And if there are houses in the same area with lower mortgages than your $1400 rent and the owners are paying almost $400 more, something's off somewhere.
 
check your contract and see if it auto reverts to a month to month tenancy when the original terms of the lease expire (some revert to another long term lease). if it's going to revert to month to month, give them your 30 days notice in writing and you should be able to apply the money the contract deemed as 'last months' to your final month's stay (so if the lease ends august 31st-and you give notice now you should only have to pay out of pocket for for september 1-10th).
 
devotedchristian said:
Thanks, I clarified in the other post, but it's not a deposit, I Pre-Paid for August 06 LAST August 05.

So really, my question is should I pay *This* month's rent?

Okay, this was at post #5 when I started my reply. If August 06 was prepaid, then I don't think you owe any more.

In any event, I would take Tar Heel's advice -- take your contract to an attorney for advice.
 
3 words get a lawyer. I would have a lawyer read and review my contract and let me know, it won't be that expensive and you will know where you stand for sure.
 
Obi-Wan Pinobi said:
If I read that right, you're in the last month of the lease right now and part of the $2800 was the last month's rent. As in, the month you're in right now. At least, that's how I understand it. Maybe I'm wrong.

I'm not a lawyer, but IMO you don't get that back, but you don't owe any more either.

As for repairs and upkeep, what was done? What was agreed to in the lease as to who is responsible for what repairs and upkeep? If you paid for repairs that the homeowner was responsible for, do you have documentation? I can see you being responsible for things like mowing and trimming hedges, but if you did something like put a new gutter on or new carpeting inside, something like that should have been on the owner.

And if there are houses in the same area with lower mortgages than your $1400 rent and the owners are paying almost $400 more, something's off somewhere.

This is exactly right, we are in the "Last Month".

We agreed to normal upkeep of the house...so that's not a real issue, I agree, just really emotional for me at this point.
 
You may be putting credit history at risk if you do not pay. I would go see an attorney to read the contract.

If you do not pay and then they come after you, you could be messing up yourself!
In the long run it may not be worth it.
 
ericamanda01 said:
Secondly, you must live in a great market if they think they can close and get their money by Sept 1.

That's why they are asking us to stay here...pay their mortgage ($1,789) until they Sale the house and when they sale, we have to leave if someone buys it first.
 
It's impossible to know from what you've posted whether you owe anything or not.

Two things for sure though...you're not entitled to know what the owners are paying for their mortgage and they're doing nothing wrong by demanding that you close within the time frame stipulated in the contract.

You'll need a lawyer to figure this one out and that's going to cost you.

As it is, apparently all they're asking is for is $1800 and you're out of the house. Rather than risk costly lawyer's fees and possible credit problems, I'd pay it whether I thought I should or not.

That's why they are asking us to stay here...pay their mortgage ($1,789) until they Sale the house and when they sale, we have to leave if someone buys it first.

That's pretty standard procedure for rental houses that are on the market. You only locked in on the rent to own until the end of the month. They're not obligated to extend that contract.
 


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