Anthony Marvin Avery's answer All you can do is sue for the Security Deposit back as a Breach of Contract. If you had a written Lease, it may have had a term dealing with the same. You could sue the Owner pro se in Sessions Court, but it would be better with an attorney. If the amount is under $700, you might not want to worry with it.
Anthony Marvin Avery's answer If you want you can continue in possession any pay the current rental. However the Owner my file a Detainer Warrant to run you out. You would use the current Lease as your defense. However you need to find a new place to live, as the new Owner may come into your home, cut utilities, etc.
Anthony Marvin Avery's answer Unfortunately you must file a Detainer Warrant against her in General Sessions Court. She can be served personally or it can be posted on the door. You are trying to get a Judgment for Possession, not rent. If she does not leave after 10 days, you must request the Court issue a Writ of Possession. It would be better to hire an attorney to do this. Do not get into an argument, but ignore her. Otherwise she will throw you in jail and have leverage. You must file this now or you may have a...
Anthony Marvin Avery's answer There is no time requirement for the Landlord to fix a problem unless a Lease Term so specifies. Obviously you are now on a month to month Lease without the Landlord having a duty to repair. You might wish to find another place to live. I do not believe a decent suit for Constructive Eviction would lie.
Anthony Marvin Avery's answer It appears there has already been a Posting of the Warrant, a Judgment for Possession and now a Writ of Possession issued. If you go there, you are criminally Trespassing.
Anthony Marvin Avery's answer If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract has occurred, but I would not put much faith in your chances. The Landlord Tenant Act may control where you live, which you did not state, and that might give you some leverage if there is a...
Leonard Robert Grefseng's answer Unless you did something to cause the damage, you are entitled to a suspension of the rent for the period of time the premises are uninhabitable. Hopefully, you took some pictures of the damage so that if your landlord takes some action against you for the failure to pay the full rent, you will be able to prove to the Judge that you had to move out.
Consult an experienced lawyer if the landlord tries to evict you early.
Leonard Robert Grefseng's answer If by the term "lien" you mean a claim to be filed in the land records office ( the register of deeds) - the answer is NO. However, you do have the right to file a lawsuit against the landlord for recovery of this money, and if you win that lawsuit and after winning, he refuses to pay you, you can then record the lawsuit judgment in the deeds office as a "judgment lien. Its always best to consult a lawyer before filing the lawsuit.
Leonard Robert Grefseng's answer It's hard to say precisely without reading the lease agreement, but generally, you are only liable for the costs of re-renting the unit and the amount of rent due during the period of time the unit was vacant. The landlord cannot collect the rent for one unit twice.
Consult an experienced real estate lawyer for advice on your specific situation.
Leonard Robert Grefseng's answer Yes, "normal wear and tear" are not recoverable, but you can recover for damages which exceed that. Take lots of pictures before an dafter the repairs are made. If you hold a security deposit, you should try to schedule an inspection of the property with the tenants BEFORE you refund any portion of the deposit. They might agree to allow you to keep the deposit in lieu of paying for the damage repairs.
Anthony Marvin Avery's answer The only real rights you have deal with your possession. The Owner/Landlord must file a Detainer Warrant, have it served on you or posted, then conduct a Hearing. You might ask for a Continuance, but at that next Hearing, the Judge will grant him Possession, and you have another ten days to leave or Appeal. To actually remove you, Owner must get a Writ of Possession issued where the Sheriff physically removes you or you are a Trespasser.
Anthony Marvin Avery's answer There is no disclosure requirement for selling and assigning a Deed of Trust. And I assume you are trying to sell a Note secured by a Deed of Trust. You cannot assign a Deed, ever. If the prospective Note buyer wants one, you will have to give them something to get their business. But you probably need to sell your Deed of Trust and Note to someone else.
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