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Help cant get a lease?

Help cant get a lease? Topic: Employment application questions law
May 23, 2019 / By Donalda
Question: Ok so here is the run down im a mother and my partner is a father (our children are both from previous relationships) we both have full custody. We are looking at finally moving in together and we are having problems finding a house.  We both have amazing rental history.  Our problems are we both on the single parnts pension (once we live closer i plan on staying at home with both children amd he will work or visa versa) im a full time nursing student aswell)  But my biggest dilema is i have been getting over drawn for a few weeks now with rent (its still being paid on time my account is just getting over drawn)  And the realestate sees this on my bank statement.  Would that be affecting my applications? Or should we try and work before getting a house.  We are both clean friendly and honest people.  Help me. Thanks for taking the time to answer my questions people its greatly appreciated :-D
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Best Answers: Help cant get a lease?

Carry Carry | 3 days ago
Having overdraw entries on your bank statements is a HUGE problem for landlords, as is whether and where and for how much income one or both adults have solid jobs. If you get your banking in order for several months and get the employment situation stable that will help a lot. Even so, the fact that you are not married is going to have adverse impact, too, since unmarried couples are usually considered unstable compared to married couples. True or not, fair or not, it is the way it is, and landlords are allowed to discriminate on any criteria which is not prohibited by law.
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Carry Originally Answered: Landlord has decided to put house up for sale before lease is up. Can we request lease to be amended.?
You can "request" whatever you want; are you asking if you can physically request something, or are you asking how likely the landlord is to agree? Don't want to get chewed out for trying to help... No, it is not appropriate for you to request much of anything at this point. Your landlord has decided to sell his property, which he has every right to do. Your rights are to continue paying rent, continue to uphold your end of the lease, and remind the landlord that proper notice is to be provided before showings (could be anywhere from a knock on the door to 48 hours written notice, depending on your state, which you failed to provide). If the house sells before your lease is up, the new owners will become your new landlords. They may or may not decide not to renew your lease. If your landlord is desperate to sell, he may offer you a "cash for keys" incentive, where he essentially makes it worth your while to move. This may include last month's rent free, guaranteed refund of security deposit, and reimbursement of moving expenses. You may want to suggest this to him. It is much easier to sell an empty house than one with tenants already in it, unless he is selling it as an investment. You have to understand that your question implies a certain level of entitlement that is not desirable or appropriate. This is not your property, and you, as a renter, do not have any kind of guarantee against being inconvenienced. Your rights are limited, since you do not own the home, have no say in what happens on the property, and are essentially borrowing it for a monthly fee until you can afford a house of your own.
Carry Originally Answered: Landlord has decided to put house up for sale before lease is up. Can we request lease to be amended.?
READ the lease you signed and the terms to which YOU AGREED. You have a lease, which is legal and binding on you and the LL LL has a legal right to put house up for sale and have showings You have a right to 24 hour advance notice What you WANT is different from what you are LEGALLYentitled to. You can request that you and LL open negotiations and amend the lease, but LL is NOT required to do so! If you give notice and move out, the lease terms/penalties on breaking the lease will apply and LL can sue you for the full term of the lease, plus his costs and attorneys fees.
Carry Originally Answered: Landlord has decided to put house up for sale before lease is up. Can we request lease to be amended.?
NO. It is not appropriate for you to ask for anything. The lease terms cannot be changed once the lease starts. Yes you have the right to ask but they have every right to say no and most landlords will. No tenant likes living in a house that is for sale but the simple fact is that you really get no say in the matter. The landlord is not even legally required to tell you it going for sale in most states. No matter how inconvenienced you feel the landlord does not owe you jack squat. Tenants are always trying to ask for things when they feel inconvenienced. So freaking what? Wa, wa, cry me a river. Landlords are not here to hold your hand. Come to terms with the fact that you are a tenant & not in control here. EDIT: Brittney put it very well. Any tenant with entitlement issues is not gong to get any sympathy here.
Carry Originally Answered: Landlord has decided to put house up for sale before lease is up. Can we request lease to be amended.?
The landlord has chosen to put HIS property on the market & sell it. The fact that you are inconvenienced does not give you grounds to break your lease without recourse. If your lease contains an early termination clause, pay the fees as outlined and move. Otherwise, live your life as normal; the LL has to give you notice before entering the property to show it to potential buyers. This is no different than him giving you notice of entry for any other reason.

Carry Originally Answered: Landloard did not give 6 month rent after releasing from lease and did lease to somebody else. deposit both $?
I'm no lawyer but I think your landlord cannot keep double rent. I would contact your landlord and ask for your rent back and that letter is proof you tried to settle it amicably. Save any correspondence you get back as well as any you already have. You can check your state's property laws but not sure if this is covered...but you never know. You might have to get an attorney to get your $ back. Here's the problem with small claims court. You still should have an attorney to guide you through the process and even if you are absolutely in the right, you can still lose and then if you win, you have to be able to collect the money and that can be difficult. You can sue for court costs and attorney's fees so you might as well have one if you can find one to work for you for so little $. You also need proof that he rented your apartment out and I think that is called double dipping. If you have a lease, you do need to read it carefully. Some leases state that the landlord has the right to accelerate all rent due for the entire lease if you break the contract. Even though you agreed to something like this, it does not make it legal. Any lease that does not follow the law is unenforceable and that's why you need an attorney. It might only take a letter from him and it would be done. That wouldn't be so expensive. You can usually find your states property laws on your state's web site. Do some research too about the double dipping. Common sense says that doesn't sound fair at all and probably isn't. A lot of landlords really don't follow the law unless they get pressed to do so and you may need to press. I would.
Carry Originally Answered: Landloard did not give 6 month rent after releasing from lease and did lease to somebody else. deposit both $?
States have differing laws. However most recognize that if a lease is terminated by mutual agreement and the landlord suffers no financial loss the departing tenant's rent is refunded for residential. Commercial real estate laws frequently differ but not always. I would send your old landlord a letter with proof of mailing [not necessarily return receipt] stating clearly your summary of what the agreement was, a request to forward $XXX to you [state amt owed you] and provide your mailing address. Wait about 10 days. Unfortunately if landlord doesn't respond or provide refund you must file in small claims court. Always be polite and business like, no threats of court, your cousin Vinny breaking knee caps etc.

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