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My wife and I moved into a home in North Carolina, signed a rental agreement for a 1 year lease with first months rent($500), deposit($500), and began paying rent immediately making me 1 month ahead on rent to date. The landlord has the home we are living in mortgaged unto him and he and his wife are living in a home owned by one of his family members with some type of rental agreement between family. He came to me today and said that they cannot afford to live in the home they are in now because of his wife's job loss and told me I have 30 days to find another residence so they can move back in due to their financial problems with the house they are in(renting) now. When we initially moved in we had a signed rental agreement and an oral agreement giving us the option to purchase the home at any time during the lease by having the loan signed over to us by Vanderbilt Homes. We don't feel as though this is fair, we don't want to leave, and we had all intentions of purchasing the house. I had no notice of this situation and have since spent our tax money on toys for our kids, paying up bills, etc. We could have used the $7000 to just buy the house if we knew this was going to happen?!! What should we do? I have read oklahoma laws and most pertain to eviction pertaining to unpaid rent, damages, etc. but this situation does not fall into any of these categories. What are my rights and what do you think I should do? Thanks for any help.
Every state is different, but the law should be on your side. A lease actually protects the renter more than the landlord. It is a document that binds you to the house for a specific time period, it is not a one way agreement, this agreement says that the landlord will rent the house for a specific period of time for a specific price. For the landlord to break the contract, he has to have just cause. Just because he wants to take over the house does not give him that right. Your signed contract should spell the rental conditions. The landlord has to give you a 30 day written notice, with reason of eviction. You do not have to move. He eventually will have to bring you to court. It is usually small claims court. You bring your lease contract. Document everything. An alternative is: Tell him to return your $500 deposit, and one months rent and you will vacate. Put that to him in writing, make a copy. The only way he can evict you as long as you have a lease is thru the court. It will cost him money to bring you to small claims court, and again, the law is really on your side if you have kept your end of the lease up. Don't miss any payments. Keep receipts. Your landlord has to find another place to live till your lease is up. When it is up, you will have to vacate if he is unwilling to renew the lease. Make sure you talk civil, and polite. Arguing will settle nothing. Be stern, and tell him your intensions are to work within the law and the terms of the contract. I shouldn't tell you this, but when the last month rent comes do. Write a letter and tell the landlord that you are vacating in 30 days, and to use the security deposit as the last months rent. IF you do this, make sure you leave the place spotless including stove and refrigerator. Take pictures, incase he comes back after you, but he won't if you leave it clean.
It sounds like the owner violates his agreement in two ways, one that you signed a year's lease and he is bouncing you out several months early and that your agreement was a rent to own purchase contract if that is correct. You should sue him for damages since you have to leave. Check on oklahoma landlord-tenants laws again or call a lawyer and get info by phone.
The law always allows a homeowner to evict tenants to reclaim the home as a primary residence. You will lose in this situation. No questions asked. You can't just sign over a loan anyway. Whoever gave you that impression was lying.