Tuesday, July 12, 2011

Do emails count as 30 day notices for eviction?

My husband and I and our 5 children (and one born a month later) moved into our house August '10 We told the owner we would purchase the home in 6 months to a year while we cleaned up our credit and prepared to get a mortgage. We signed a regular 6 month lease with a 6 month extension that was to automatically renew unless terminated by either party. In January the owner told us circumstances had changed, because the bank he had a gotten a loan modification with found out he was not the one living in the house, and have revoked his loan, stating he has to either pay the 20,000 back payments or put the house up for sale. We agreed to this as we all knew the market was hard and the likelihood of a sale in the near future was pretty dim, allowing us the time we still needed to get a mortgage. In order to prevent foreclosure we said the bank representatives could come and examine the house, and the real estate agents could show the house. Of course the owner is in a hurry to get things moving, understandably, but we told him it could take up to a year. The real estate agent had come into the home for an examination of her own, 6 weeks after the bank had come. The bank said the home was in good shape and thought they would have no problems selling the house. The agent went to the home owner and told him that the house should be condemned, torn down it was worthless and CPS should be called on me. He went crazy thinking what in the world did we do to the house?? I told him she was lying he was more than welcome to come and see, she was mad at me because she asked me if I could clean up my house and I told her I had 6 kids had only moved in 6 months prior and was still unpacking, (and now packing) I was doing the best I could. A family of 8 has alot of stuff. So there is alot of clutter, I have boxes and tupperware containers everywhere. Now they are against the walls so people can move in the house, there aren't holes in the walls or floors, nothing at all to make what she said even remotely reasonable. Nor what she told the owner (I am in the process of filing an official complaint with her company). Those things aside, the owner decided that if we cant buy right this moment he wanted us out and he would relinquish the house to the bank. His prerogative, but we have a lease, and he has to go to court to get possession of the house. He sent an email stating that he guesses we have to go to a month to month lease. That is what he said no Straight answer, no straight terms, just that. My lawyer's assistant says he doesn't think that counts. Doesn't THINK?? This guy supposedly went to law school, either it does or it doesn't...needless to say we are in search of a new lawyer, with NO time to spare, as the owner now says we have to leave by April 30, as he is having a construction crew come and take down the back porch, pool, and entire playroom(a 2 car garage he transformed without permits) While we are still here, so really I'd like to know, can he do that if we are still living in the house?? and Do these emails count since they are not very clear. Or even if they were clear could they count? To clarify, Email is the ONLY way we communicate, he doesn't call, he doesn't come by the house, only through email since we signed the lease in July.

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