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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Angry Eviction Under False Pretenses

    My question involves an eviction in the state of California. Our landlord told us that we had 60 days to move from a house we had been renting for 3 years because she wished to sell the house because she needed the money. We took her at her word and moved out within 60 days, purchasing a home of our own. We were puzzled that during 60 days she never listed the house for sale. Weeks after we moved we saw a "for rent" sign in front of the property. A friend called the phone number and found that the landlord was trying to rent the property for $350 more per month than we had paid--and obviously her representation to us about selling the house was false. Is there an action we can take here?

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Eviction Under False Pretenses

    Doubtful.

    I've rented houses, and apartments, and while it's advantages in certain circumstances to show the place while the former tenants are still in place, at other times, depending on how the tenant keeps the place, whether repairs are needed or not, it is FAR BETTER to rent or sell a place vacant, painted, cleaned and carpeted. Depending on housing prices in your area, the good appearance, or lack thereof, could mean the difference of tens of thousands of dollars.

    In fact, I once did not listen to a realtor/rental agent, had them show a messy house while the former tenants were still in place, with these people telling me they'll move as soon as I can give them a move-in date of the new tenant. I thought to myself, "great, I'll have one guy moving out, one guy moving in, and I won't lose any money". Unfortuantely for me, after showing the place for two months, the realtor called and told me that she won't waste any more time on it because "against her better judgement, she was showing a place that's better shown cleaned up". Anyway, after the tenant moved out, after a week of my cleaning and painting the place, I manage to rent if out in one weekend, by MYSELF, - with the place looking right. She was right.

    It is also quite possible due to the drastic drop in housing prices, whatever money she needed from the house to take care of the problem she couldn't get because of the drop in prices. In some cases, the price of the house can be far less than the outstanding mortgage. Did she commit a crime because she didn't realize how much money she lost??

    As to proving damages, how were you damaged?? I myself often rent houses and apartments out at below market, because I choose to, I bought these places cheap over 20 years ago, and I get better tenants, with 10% below market around here can be $200 to $300 a month. On a few occasions, I don't renew leases of troublesome tenants and they had to move, often, to places where they pay more (actually market) rent. Are you saying that because they pay market rent now, and I choose to charge cheap, I owe these people money??

    Under what theory??

  3. #3
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Eviction Under False Pretenses

    Quote Quoting dolmos
    View Post
    My question involves an eviction in the state of California. Our landlord told us that we had 60 days to move from a house we had been renting for 3 years because she wished to sell the house because she needed the money. We took her at her word and moved out within 60 days, purchasing a home of our own. We were puzzled that during 60 days she never listed the house for sale. Weeks after we moved we saw a "for rent" sign in front of the property. A friend called the phone number and found that the landlord was trying to rent the property for $350 more per month than we had paid--and obviously her representation to us about selling the house was false. Is there an action we can take here?

    Since you agreed to move out you there is nothing you can do.

    I will say this though; your landlord is an idiot. First of all it can take months to re rent the property and the $350 a month more they are asking can be swept away in the months the property is empty. You never ask a paying tenant to leave.

  4. #4
    Join Date
    Jan 2008
    Posts
    174

    Default Re: Eviction Under False Pretenses

    First of all...this was NOT an eviction. Simply a notice to vacate. You were given proper notice (60 days) for your state. What the landlord does or does not do with the property once your gone is irrelevant and frankly none of your business.

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