I received a notice of eviction from a past landlord. I don't live at the house any more. I moved out six months ago. Is this a joke?

If landlord has gone to the trouble of filing a notice of default and started court procedings, I'd wager a guess it's not a joke.

If you had a lease on the house and sub-leased or moved out and left roommates behind to finish out the lease terms, did you notify the landlord AND get your name removed from the lease?

If your name is on the lease and the remaining people have not paid rent, you are still responsible in the eyes of the law–and the landlord–for the unpaid rent or whatever other violation of the lease has occurred.

Best contact the landlord and your ex-roommates and see what you can negotiate to stay the eviction….or they may obtain a judgment against you which could become a collection on your record!

Leases are legally binding, but there are circumstances where a tenant may break a lease (ie., flood, fire, personal tragedy). The tenant is responsible to pay the agreed amount for the duration of the lease, and the landlord can take the matter to small claims court for a judgment if there is unpaid rent.

If a landlord files a case for unpaid rent, you have the option to go to court and contest the matter, especially if you had a valid reason to break the lease. However, if you decided to move out and just stop paying rent because you found a better option, likely the ruling will be in favor of the landlord. If the landlord obtains a judgment if may then affect your credit report and can stay on your report for 10+ years. Once the judgment is finalized the matter can be turned over to a collection agency.

It is best if you are in a position where you need to move out and break a lease, to communicate in advance with the landlord and work out a settlement or a plan to allow them to re-rent the unit and thus release you from the terms of the lease. Whatever the agreement is, make it in writing!

We found a home that is PERFECT for us! How do we make a competitive offer? Are there prerequisites to making an offer?

The answer to this is question is rather complex. Depending on the parties and property involved, many details need to be assessed to make an offer "competitive." Some key factors you need to consider and prerequisite items are:

1) Competitive offers are not just based on price. A "clean" offer with a fast close, 20% or more cash down, and/or an as-is purchase are factors that help make your offer competitive. However, you should work with an agent who can advise you which options to include based on the specific home you wish to buy, your maintenance skills and time availability, and your overall financial situation.

2) Be sure you have discussed the anticipated purchase price with an experienced loan broker BEFORE your offer. Loans are difficult to get and a strong offer comes from a buyer who has already begun the approval process.

3) Making an offer over asking price may not guarantee you get the house. The market value should be researched carefully. If you offer a price well over the median value, the house may not appraise at your offer price. This means the lender may not be willing to give you enough money to purchase the house at the price you offered. Unless you have a cash to make up the difference, you may not be able to complete the transaction.

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