Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Owner Occupied Rental Property

Having a dispute with a tenant or landlord? Rental Law discussion

Owner Occupied Rental Property

Postby evrawg » Fri Dec 02, 2016 5:54 pm

We signed a rental contract 9/4/2008 for a one year lease. I'm trying to buy a home and need to get out of my lease by my landlord is not cooperating.  I pulled the deed and it was filed 9/28/2007 and has a one year owner occupied provision.  The owners have NEVER lived in the home and we signed the rental agreement before the one year on the deed.  Does this invalidate the rental agreement.  I live in Nevada.  Thanks
evrawg
 
Posts: 50
Joined: Wed Oct 03, 2012 1:57 pm

Owner Occupied Rental Property

Postby Suzu » Mon Dec 05, 2016 10:39 pm

If the property is security for an FHA or VA "Owner Occupant Only"

mortgage and/or the note & deed of trust specifically calls for a one-year "Owner Occupancy," and your Landlord has NEVER used the home as hIs/her "Primary Residence," he/she MAY have DEFAULTED on the loan and/or commited FRAUD! HUD/FHA does ALLOW some of their FHA Foreclosed Properties to be sold to Investors for Rentals or Re-Sale,but if this was the case, the One Year Owner Occupant Provision WOULDN'T be in the Closing Package!

You need to be careful of what you say or do with regard to your Landlord's possible vioations of FHA,VA and/or "other" Owner Occupancy status.Defaults lead to possible foreclosures. Fraud leads to possible criminal charges with fines of up to $250,000 and up to 10 years in Federal Prison.He/she MAY have received permission to rent the house out!Your "accusations" MUST be valid!

You need to be sure of everything BEFORE you make any formal accusations--you could end up being sued by the Landlord if your charges against him/her aren't accurate & cause him damage to his reputation, business & income!

I URGE YOU TO MEET WITH AN ATTORNEY WHO SPECIALIZES IN REAL ESTATE LAW,LET HIM/HER DETERMINE THE STATUS OF YOUR LANDLORDS OWNERSHIP OF THE PROPERTY & WHETHER OR NOT YOU CAN BREAK THE LEASE! LET THE LAWYER TALK TO THE LANDLORD. ALSO,HE/SHE CAN ALSO DETERMINE IF YOU SHOULD NOTIFY HUD'S FRAUD HOTLINE ABOUT THIS SITUATION!

If you can't afford a Lawyer, contact your local Legal Assistance Agency OR the State Bar Association and ask about "Pro Bono"(Free) legal help!

GOOD LUCK!

--JIM
Suzu
 
Posts: 58
Joined: Mon Jan 13, 2014 12:29 pm


Return to Rental Law

 


  • Related topics
    Replies
    Views
    Last post
cron