If I'm sued for breach of contract on a lease purchase agreement, do I continue to pay lease?

We signed a 1 year lease/purchase agreement Feb 2012. Aug 20, we found out we are moving due to my husband's employment out of state effective Oct. 1. We notified our landlord that we would fulfill the lease but not the purchase agreement. He said he'd sue us if we didn't. We told him we would go ahead and try to purchase the house then at the end of the lease. He is now suing us for breach of contract. We have continued to pay the lease amount. I understand he believes we have intent to not fulfill the contract. What can we do now? We've tried to be reasonable and work this out. We will not be able to get financing at the end of the lease now. Do we continue to pay the monthly rent or wait until a judgement is ordered? How can we do this living out of state?

Eldon, MO -

Attorney Answers (1)

Leonard Komen

Leonard Komen

Commercial Real Estate Attorney - Saint Louis, MO

You can not ask an attorney for advice about a written document you signed without showing it to the attorney. I do not expect you to get any advice about this contract otherwise,.

You also do not specify what the landlord is suing for? just for damages? for eviction, for rent?
Assuming the landlord is suing for damages for your refusal to buy the property, then you must continue to pay the rental if you want to live there. If you do not pay the rent, the landlord can separately file suit for eviction.

This is general information and not a binding opinion since we have not seen your contract or the swuit.

This comment does not create an attorney-client relationship. The law and its application by the courts is... more

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