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Question: Can I break a lease if I no longer make as much money as required when I moved in?

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Answer: The idea of "breaking a lease" suggests something done by one party to an agreement. You can just bet that such individual action will lead to conflict and cost.

A better approach works like this: Speak with the owner or manager. They already have your deposit -- which you may not have to lose if everyone works together.

Explain your situation. They may have a replacement tenant waiting for a unit like yours. If not, perhaps offer to pay x dollars toward the cost of advertising the property for rent.

You are not a ward of the owner and your income loss is not his or her responsibility. If circumstances change, most people will act sensibly -- especially if approached in a positive, helpful manner.

Question: If the disclosure statement does not indicate a problem which is later found by new owner, what steps can be taken to have seller cover all or part of the expense of repair to a home?

Answer: Even if owners complete disclosure statements in good faith, such documents should not be regarded as reliable because an owner may not have the expertise or experience to complete given questions, and certain questions may not be answerable. For these reasons it's important to have a professional home inspection when purchasing real estate.

That said, you ask what happens when a problem arises after a home is purchased. A variety of possibilities may emerge.

  • The problem may be new. For instance, a hot water heater can be fine one day and broken the next.

  • The problem may have been disclosed. An owner may have reported a "small" basement leak. But what's "small" to Jones may be torrential to Smith. Regardless of definition, disclosure was made.

  • The owner may not have known about the problem. Many people, as an example, have not been in their attics in years.

  • The question may be unanswerable. Virginia once asked, "Are there any substances, materials, or environmental hazards (including but not limited to asbestos, radon gas, lead-based paint, underground storage tanks, or other contamination) on or affecting the property?" How is an owner supposed to know about such issues on other properties? What right does owner Green have to check for asbestos on property next door owned by Benson?

  • Too much time may have passed since closing. No one promised a home would be in tip-top condition forever.

  • Remedies may be impractical. You could sue, but how much will it take to get the matter into court? When would you collect? The bottom line: While most people are open and honest, do not rely on seller disclosure statements. Get a professional inspection, walk through as the inspector checks the house, ask questions, realize that no house is perfect and look for major problems.

    Question: Do manufactured homes appreciate in value or depreciate? Are there any cases in which manufactured housing would appreciate in value, and if so why?

    Answer: Manufactured homes, like real estate in general, can be seen as a commodity with values which can rise and fall in response to a variety of factors. In the particular case of mobile homes, one type of manufactured housing, an important issue concerns whether we are talking about just the home itself or the home and the land on which it is located.

    "The stereotypes of manufactured housing are built upon very real differences in appreciation experienced by the people who own them, " says Consumers Union in a 44-page report entitled Manufactured Housing Appreciation: Stereotypes and Data. "The large proportion of manufactured homes in rental parks contributes greatly to the lower appreciation experienced by manufactured home owners as a whole, as land ownership is an important driver of appreciation. High variation in the individual appreciation rates of manufactured homes also causes a higher proportion of manufactured homes, even packaged with land, to lose value over time."

    "Even so," the report continues, "average appreciation rates of manufactured homes packaged with owned land are statistically in line with the site built market, and there are few inherent reasons that a home built in a factory should perform differently than one built on site. Our analysis suggests that consumers can make decisions which can improve the appreciation of a manufactured home. Land ownership, location, purchase price and maintenance expenditures are among the factors that predict appreciation, and should be considered when attempting to increase appreciation in a particular unit."

    A good discussion of the pros and cons associated with manufactured housing can be found at http://www.consumersunion.org/other/mh/tips.htm.

    Question: My father gave me a deed to a piece of property in 1965. This lot was a piece of property which he used and maintained since the early 1900's. In 1987 the owner of an adjoining property had a survey of his property which when completed resulted in an overlap of 90% of my property. I was never notified of this discrepancy. This neighbor sold his property to a new owner but stated that I owned some adjoining property.

    This infringement does not qualify as an "Adverse Possession. I have paid taxes each year since 1965. Do I need to prove that my father (Deceased) had title to this property? I do not want the expense of going to court to prove that this land is mine. What are my options? I will contact the present owner about a correction of this matter but do not expect him to give up what he thinks belongs to him.

    Answer: You maintain that the 1987 survey was wrong, that there is no adverse possession through use or other means and that the new owner thinks the property is his.

    When the new owner bought the property did he also get a survey? Does he have title insurance?

    Go to the local land records office and search the history of your property and the adjoining property. See if the records show changed boundaries over time or any title transfers that you cannot explain. If you have evidence that the disputed property is yours, then the new owner will at least want to have his title insurance company review the matter. If there is a disagreement you should retain an attorney to defend your position.


    Have a real estate question? Send your inquiry to . Because of the volume of mail received, Mr. Miller cannot respond to questions individually or privately. Published letters may be edited for space and style. For comments regarding other Realty Times articles, please contact individual authors by pressing here.

    This column is designed to provide accurate and authoritative information in regard to the subject matter covered. It is made available with the understanding that neither the author nor the publisher is engaged in rendering legal, accounting, or other professional services. If legal services or other expert assistance is required, the services of a competent professional person should be sought.

  • Published: October 3, 2003

    Use of this article without permission is a violation of federal copyright laws.


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