Curious case of real-estate transaction with predatory tenants This question is looking for some ideas and some underwater rocks that haven't been though of yet. The context: Jurisdiction: Nova Scotia, Canada A buyer and a seller has entered into an sale agreement. The seller agreed to deliver the premises vacant on closing date. Midway to the closing date, the seller is having issues with the tenants who are refusing to leave until well after the closing date. The tenants have the legal right to remain in the property well after the stated closing date. The new owners will not be occupying the property. The seller has no written lease. Although the seller had a handshake agreement with the tenants that they will vacate the property before the closing date, the tenants have turned around requesting a sum of money. The buyers are at the point right before incurring majority of the closing costs. They have just a few days to play with, before they have to continue with the expenses. The questions: Can the seller enter a formal agreement with the tenants in which the seller pays a sum of money and in return the tenants vacate the premises before the closing date, and would such agreement hold over the tenants legal right to remain on premises past the closing date? What happens if the sale goes though under the assumption that the tenants have left, and in fact the tenants are still occupying the premises? What guarantees and proofs can the buyer demand as to the vacant status of the property? What other questions should the buyer be asking?
Can the seller enter a formal agreement with the tenants in which the seller pays a sum of money and in return the tenants vacate the premises before the closing date, and would such agreement hold over the tenants legal right to remain on premises past the closing date? Maybe. It depends on tenancy law in Nova Scotia. Notwithstanding, given that the tenants are “difficult”, what are your plans if they take the cash and don’t move out? What happens if the sale goes though under the assumption that the tenants have left, and in fact the tenants are still occupying the premises? Why would the buyer settle under an “assumption”? At the time of settlement either the tenants have left (so settlement happens) or the haven’t (so the vendor is in breach, settlement doesn’t happen and the buyer decides whether to rescind the contract and claim damages or affirm the contract and claim damages). What guarantees and proofs can the buyer demand as to the vacant status of the property? They take the keys and walk into it. What other questions should the buyer be asking? They should be asking: “Will you be in a position to fulfil your obligations under the contract?”
In general, a properly signed lease is binding. But there are exceptions, and they vary depending on the jurisdiction: country, state/province, and even city or county in many places. You mention a claim that the property should not be leased "because the owner needs it". In some jurisdictions, there is a special exception if the owner personally, or a member of the owner's immediate family, intended to live in the property. It is not clear form the question if such an exception would apply. it might well be that a person in the position described in the question has a valid and enforceable lease, and could simply remain in the property, paying rent, and the owner would have no valid grounds for eviction. But this kind of case will depend on the exact wording of the rental agreement, and on the exact provisions of the applicable laws, which vary widely depending on the location of the property. A person in this kind of situation would b wise to consult a local lawyer who will know local property law, and how the provisions of the agreement and other claims will be treated by local courts. There may also be local tenant assistance organizations, run by the government or by non-profit groups, who will know local law and can assist in such cases. A general answer cannot be gotten from a forum such as this which an individual should rely upon in such a case, particularly when the question does not even state what country, let alone what specific locality, is involved.
Whether or not this would be allowed would generally call for a more fact rich situation than the one presented in the original question, that would cast light upon why a retailer might be inclined to refuse to accept payment. Hypothetical legal questions that presume that people are acting irrationally for no good reason are generally ill posed and don't have meaningful answers. Sometimes, there might be a legitimate privacy interest implicated if the invoicing party acknowledged a payment from a third party. For example, suppose that the invoice was for a paternity test and payment would confirm that the incapacitated person actually obtained a paternity test. Sometimes, there are legal rights beyond payment that are implicated and the reasonableness of a refusal might hinge on those rights. For example, suppose that the invoice was for an option to keep using an oil well. Payment of the invoice by the deadline would keep the oil well operating and the land owner sending the invoice might prefer that it not be paid so that the oil well would be shut down. Quite a few contracts are structured in this way. Maybe the invoice was for the right to purchase a first edition of a book when it was finally released, for example, and not paying it would free up a copy for someone else at a price that had increased in the meantime. Or, suppose that the invoice were for unpaid taxes and payment of the taxes would prevent property from being seized for sale by tax authorities, and the taxing authority would prefer that the invoice was not paid so that the valuable property could be liquidated. But, it is hard to imagine that there would be any reason that an ordinary retailer with an ordinary bill would ever refuse payment, although I suppose that this might trigger an interest or penalty amount owed under the contract for late payment. If that were the case, the principal of mitigation of damages, which says that a party to a contract must take all reasonable steps to mitigate their damages, might obligate the retailers to accept the payment or forfeit the penalty amounts that the retailer could have avoided as damages by accepting payment. I doubt that an undelivered tender of payment from a third party would eliminate the obligation, but, it might limit the damages that could be claimed as in the scenario above.
If the landlord gave you a key, and you can not give it back to him he has every right to charge you for correcting the oversight. I put to you that if you can't provide it back to him, he can't be certain that it has not fallen into the wrong hands, and he would be prudent to change the lock - and indeed, he may not even have another copy of the key in which case he really does not have a lot of alternatives. If you look at the section on "Claims for Damages or Loss" pdf there is a section B - Damage which confirms that Loss includes less tangible impacts including "loss of a service or facility provided under the tenancy agreement" Section C of the same document goes on to assert that "The purpose of compensation is to put the person who suffered the damage or loss in the same position as if the damage or loss had not occurred". There is arguably a question of the amount of loss suffered, and they can't sting you for punitive damages, but they can charge you a reasonable amount to get a new key cut (or possibly to replace the lock) - but that was not your question, and would probably arise if the amount he charges was unreasonable in the circumstance. Depending on if he has already taken action - and if not, how much the bill would be - promptly remedying the breach by finding and returning the key or equivalent action might save you some money.
I am an Ontario-licensed lawyer. The following is a general information about the law and not specific legal advice. You are not my client and I have not given you advice related to your circumstances. First, even when you ask a generic question, define the jurisdiction of interest. For the purpose of your question, Canada is a collection of different jurisdictions with different rules. My answer relates to Ontario, Canada. Other Canadian jurisdictions have different rules. The Law The applicable Section 109 of Ontario's Residential Tenancies Act http://canlii.ca/t/33p is reproduced below for your convenience. EMPHASES MINE. Receipt for payment 109 (1) A landlord shall provide FREE OF CHARGE to a tenant or former tenant, on request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord. 2006, c. 17, s. 109 (1). Former tenant (2) Subsection (1) applies to a request by a FORMER TENANT only if the request is made within 12 months after the tenancy terminated. 2006, c. 17, s. 109 (2). Regulation Ontario Regulation 516/06 http://canlii.ca/t/sjx dictates minimal form: Receipt A document constitutes a receipt for the purposes of section 109 of the Act if it includes, at a minimum, (a) the address of the rental unit to which the receipt applies; (b) the name of the tenants to whom the receipt applies; (c) the amount and date for each payment received for any rent, rent deposit, arrears of rent, or any other amount paid to the landlord and shall specify what the payment was for; (d) the name of the landlord of the rental unit; and (e) the signature of the landlord or the landlord’s authorized agent. O. Reg. 516/06, s. 9. Landlord Compliance A good landlord will provide receipts immediately upon payment, and keep a copy. An very good landlord will provide additionally a summary of payments for the year, in tabulated form, and keep a copy of the yearly receipt instead of the multiple receipts for each payment. An excellent landlord will keep the tabulated information in a computer system and will issue a receipt for the whole tenancy period on termination. Keep a copy. Tenant's Application If your Ontario landlord refuse to comply with the above, file a T2 http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&amp;%20Instructions/T2.pdf *A T2 can also be filed online. Remember to ask for cost http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/03%20-%20Costs.html
Some portions of your inquiry are confusing, as in "I insisted that we were going to continue to send money to the mortgage company if we don’t understand what the fees are for". It is unclear why you would continue to send money without understanding the reason for fees, especially since you purportedly sent "the complete payoff" already. What is an appropriate response to an email from a lawyer that says she’s going to withdraw from my case, because I would like to understand the additional fees and charges my mortgage company is charging (over and beyond the plan payment/payoff)? Rather than replying to the lawyer's email, it is more important that you timely file in court a response (with 2 or 3 copies) to her motion to withdraw and that you attend the court hearing (if any is scheduled). Don't forget to also mail your attorney a copy of your response. In the response, you will need to argue that your lawyer's refusal to adequately address your inquiries is in violation of the rules of "professional" conduct (with which attorneys are supposed to comply). By granting the attorney's motion, the court would improperly release her from pending obligations she has with respect to you. For instance, Rule 1.4 of Michigan RPC states: (a) A lawyer shall keep a client reasonably informed about the status of a matter and comply promptly with reasonable requests for information. [...] (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. (note: other jurisdictions in the U.S. have equivalent rules, so you will need to refer to their corresponding label) By pushing you to pay another $850 without actually explaining you the details of the "settlement" with mortgage company's counsel, your lawyer clearly is failing her duty to reasonably inform you of the matter for which you retained her. Therefore, your response should substantiate that a granting of the attorney's motion to withdraw ought to be conditioned on the fulfillment of her obligation to provide you with reasonably sufficient information which you as her client are entitled to obtain. It will help if you attach to your motion &amp; brief an exhibit showing that the mortgage company actually directed you to inquire of your lawyer the clarification(s) you are pursuing. Once you take care of that issue, I encourage you to seriously assess (and proceed accordingly) whether your attorney's misconduct merits being reported with the entity in charge of disciplining lawyers for their legal malpractice. If I were knowledgeable of bankruptcy law, I would be happy to address your first question. I can only suggest you to do some research on leagle.com to become acquainted with how courts decide bankruptcy issues. Be sure to set parameter "Search By Court" to "Federal Bankruptcy Court".
The ability to bargain for clauses that are more favorable varies with the type of landlord. Termination clauses are no different in this regard. If the landlord refuses to negotiate/modify early termination clauses, the tenant's subsequent decision to enter the lease evidences that he knowingly and willfully agreed to those terms. The tenant is not allowed to disavow them thereafter. Hence the importance of negotiating the clauses, although rental corporations are unlikely to be any flexible. Unless you find a flexible landlord or manage to arrange alternative housing, entering a standard 12-month lease is a risk you would have to take. Legislation typically requires landlords to mitigate damages in the event of early termination by finding as soon as possible a new tenant. However, in reality it is usually too difficult for a leaving tenant to scrutinize the landlord's efforts of finding a new tenant. The best chances to be able to conduct that scrutiny occur when the matter is brought to court. A landlord could have the incentive to find a new tenant soon if the early termination coincides with certain season. A typical example occurs in college towns, since students need to arrange housing by the time the school year begins.
The fact that you're not a native speaker of English doesn't alter the legal situation. If you literally had no understanding of English but for some reason you signed a piece of paper, then you might argue that there was no agreement in the first place, but obviously you do speak some English. Most people don't actually understand what contracts mean (on both sides). Contracts are still enforced, based on what the contract says. The move-in data is proposed, not firm, and it even indicates what the charges are if your circumstances change and the dates have to change (whereas is their circumstances change, they wouldn't have a basis for charging extra). It also does say that there will be no refund if you change your mind. So the piece of paper says "No refund". The problem seems to be that there's an "agent" whose statements you relied on, who is ultimately responsible for this problem, and s/he implied that you could get a refund. It's not clear what kind of "agent" this is (is he working for you, or for the owners?). You'd have a somewhat different legal basis depending on which it is, but you could sue someone in either event, assuming that you could actually persuade the court that you were given false information which you relied on. The statement "they will refund your money if the guy doesn't move out by the 16th" is false; the statement "they may refund your money if the guy doesn't move out by the 16th" is true. If the latter was the statement that you relied on, then you knew (or should have known) that that isn't a promise, it's just a guess, and if you read the piece of paper you know that it's a promise with no basis. So I would say it comes down to establishing what promise was made to you. Arguing that the agent "made" you sign isn't going to get you anywhere (unless you can prove actual coersion).