Q: Am I entitled to my portion of the money given to move out?
While living in a home that goes into foreclosure as a tenant with the home owner who also resides in the home we were given the “cash for keys” option. The owner had the parties residing here sign the agreement that when accepted gave the homes occupants (3in total) 15,000 dollars to aid in “moving out/moving expenses. The owner kept all the money. Am I entitled to my portion of “the move out money” ($5,000.00 per occupant I’m guessing) since I had to move out and signed the “cash for keys” agreement?
A:
"Cash for keys" agreements are sometimes offered by landlords to tenants in situations like foreclosure or lease termination. These agreements typically provide a financial incentive to tenants to voluntarily move out of the property within a specified timeframe.
If you signed a "cash for keys" agreement and fulfilled the terms, such as vacating the property as required, you may be entitled to your portion of the agreed-upon amount.
However, the specific details of the agreement and any related documents, as well as any applicable laws, will impact your rights.
A: It depends on the agreement that you signed, whether you are entitled to that money. I would think you are at least entitled to your statutory move out allowance of 30 day's rent if you were there more than 1 year. You should have contacted an attorney before signing any significant agreement, because once the HO has the money, it will be difficult to obtain. You could have directed them to pay through the escrow directly to you if you were to be paid a share. You should contact an attorney practicing in this area of law right away. Thank you for using Justia ask a lawyer.
A: I am an attorney licensed in California, and I can provide some general information regarding your situation. In a "cash for keys" agreement, it is typically understood that each occupant is entitled to their portion of the agreed-upon amount. If you signed the agreement and met the conditions outlined, such as moving out, you may have a valid claim to receive your portion of the move-out money, which would be $5,000. It is advisable to review the specific terms of the agreement and consult with an attorney who can evaluate your case and provide legal advice tailored to your circumstances. They can assist you in pursuing your rights and seeking appropriate remedies if the owner has not fulfilled their obligations under the agreement. - James L. Arrasmith, Owner and Chief Legal Counsel of The Law Offices of James L. Arrasmith.
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