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Breach Of Rent To Own Contract

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  • 05-14-2008, 05:13 PM
    guardianangel
    Breach Of Rent To Own Contract
    My question involves an eviction in the state of: New Hampshire

    I am the tenant/buyer and have a written Rent to Own Contract dated 2/07 -2/08. My landlord verbally extended the contract when I asked him if he was going to make me move because his primary residence was being foreclosed on.

    He and his wife assured me that they would not make my three children and I move out, they would find an apartment. In another conversation, he stated he would have to place a storage container on the property I am in possession of because he has too much stuff to fit in an apartment, which I agreed to.

    In addition, I did apply to several lending institutions over the summer of 07, way before I was required to to help him out so his house would not be foreclosed on. However, due to the type and age of the home, no lending institution would offer an mortgage. In my rent to own contract, there is a clause that protects me. It states that I am not in breach/default of the contract if I can not obtain financing due to the type and age of the home. Also, I met with building inspectors in my town to have how the house was recorded changed to qualify for the lending institutions requirements. The result of the meeting was that I would have to tear down walls, etc., so that the building inspectors could inspect the home and have the house reclassified. This meeting and the results of the meeting were discussed with my landlord. I informed him that it was due to his negligence at the time when he purchased the home to have it inspected. Thus, it made the house impossible for anyone to finance.

    I suggested, that he be the mortgagee, which would allow me to pull down the walls and have the house inspected by the building inspectors, which in turn would result in the house being reclassified at which time I would re-apply for financing and release him as the mortgagee. I did not receive a response. This also demonstrates that I demonstrated "substantial performance" and was not in breach of the contract.

    Therefore, I can prove "substantial performance" under the contract. In addition, I even paid him two months rent one month to help him out with legal fees due to the foreclosure, which bought him more time. This also, is proof that I did believe that he was not going to throw my three children and I out. He has given me his word in the past and has kept his promise, so there was no reason for me not to believe him regarding the promise to throw me out.

    A few days ago, he (landlord) called me and said I had to move out because he had to move out. The next day his wife called and left a message stating to call her back to discuss the arrangements. I told him I would have to call him back and I never returned her call. Yesterday, the Sheriff served me with a notice to quit (30 days notice). The reason listed was that I am a tenant at will and he wished to now occupy the property.

    I know that I need to notify him in writing claiming that he is in breach of the contract. What I do not know is if I wait to go to the local court house to bring up the breach of contract or whether I am to file a complaint in civil court? In addition, I need someone to inform me if I am correct, is this considered a breach of contract?

    I am in desperate need to know what my next course of action should be, because I have to respond in a timely manner in order to file a claim of breach of contract.

    Please offer me some guidance and assistance in this matter so that I may secure my investment.
  • 05-15-2008, 12:00 AM
    Mr. Knowitall
    Re: Breach Of Rent To Own Contract
    This is being discussed in your other thread.
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