I live in the state of Iowa, I have only receive verbal notice of the sale of the home and that I have to be out. They intend to close on the 1st of August. The landlord showed the home wihtout my knowledge about 3 weeks ago and then accepted the offer and still no notification. I did not know they still had it on the market. When I signed the lease it was listed for sale or for rent. After I moved in on April 1, 2006 my landlord notified me verbally they may be moving from Iowa and would I be interested in buying the home on contract. I informed him could not afford it at this time. Please help me I am totally stressed out about this. I have no family close by to help me move again so soon and my youngest boy just had major surgery 1 week ago and can not get around hardly at all.
2006-07-02 22:11:12 · 7 answers · asked by Valerie T 1 in Business & Finance ➔ Renting & Real Estate
First off, RELAX! The new owner cannot evict you! Ignore the idiot that said that the buyer can evict you -- they are CLUELESS! That is totally WRONG!
The lease you signed remains valid. You have the right to peaceful enjoyment of the property for the term of the lease. The new owner MUST abide by the lease; they have no choice in the matter. The new owner cannot change the terms of the lease. They cannot increase your rent (unless the lease provides for rent increases) and they cannot evict you as long as you continue to pay rent on time and otherwise abide by the terms of the lease. Assuming that you signed a one-year lease you may continue to live in the home until 31 March 2007.
When a property is sold, it is subject to any liens and encumbrances. An existing lease is an encumbrance that the new owner must accept. If they wanted to, they could ask you to void the lease but you are under no obligation to do so. If they do, you might want to negotiate a settlement with the new owner where they assist in locating a suitable property for you to rent and pay for your moving costs as well as compensation for the disruption in your life. You are under NO obligation to do so, however.
Your landlord is probably not required to tell you that he intends to sell the property, although you are under no obligation to permit prospective buyers onto the property either unless your lease specifically states so. Only the landlord has the right to enter your home and that's only for repairs or inspection and then only during "reasonable hours" and with advance notice. Since he showed the property to a prospective buyer without your permission, you may have a case of trespass against the prospective buyer and the landlord.
Once the new owner closes on the purchase, they must notify you in writing of the new address for you to send your rent to. Until you receive this notice, continue to pay your rent as usual. Verbal notice is NOT sufficient, so don't make any change until you get the written notice.
Once the lease expires, the new owner may take posession of the property. How this will happen depends upon the terms of the lease. The lease should state what happens. It might state that the lease will be renewed on a month-to-month basis. It might state that it will be renewed for another year. Both are common provisions.
The lease will also state how much notice is required when moving out. This applies to the landlord as well as the tenant. State law sometimes stipulates minimum notice required. Typically, 30 days notice is required though 60 days is not all that unusual.
So, assuming that the new owner wants you out of the property on the lease expiration date, they will have to tender notice to quit on or before 1 March 2007. If they don't tender that notice, you are free to remain in the property as long as you continue to pay the rent.
For the time being, and until your lease expires, you may rest easy. You CANNOT be evicted as long as you continue to pay your rent on time and abide by the other terms of the lease.
2006-07-03 01:25:10 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
in Australia it is illegal for a land lord not to give written notice about a property sale to a tenant and you are meant to get60 days to vacate. maybe you should speak to a real estate agent to find out what your rights in America are to do with this you may be able to get some kind of break especially since your son has had surgery also ask for advice through the hospital someone there may be able to help you i hope that you find somewhere new stress free and easily good luck
2006-07-03 05:25:34 · answer #2 · answered by traceylolanna 3 · 0⤊ 0⤋
Take him to court,unless the lease states anything about if the property sold, even the new buyer should honor the lease. And they must give you 30 days notice
2006-07-03 07:15:48 · answer #3 · answered by Granny 1 7 · 0⤊ 0⤋
bostonianinmo is correct. The laws are the same in all states. A lease is a legal document giving the leasee rights to have quiet enjoyment of the property.
Tell the loser to go pound sand.
Regards
2006-07-03 12:48:27 · answer #4 · answered by Anonymous · 1⤊ 0⤋
since the it's lease is a year lease then the new LL must Honor the lease until it expires plus the new LL will be liable for your security deposit. also for the new LL you do not have to sign something new or give new information
2006-07-03 11:11:28 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋
Most ststes are much alike they should HAVE TO GIVE UYOU A WRITTEN 90 DAY NOTICE. It should almost be impossible for them to get you locked out by court order without written notice. STAND YOUR GROUND CALL YOUR STATES FAIR HOUSING BOARD FREE ANSWERS THRIR ALSO. GOOD LUCK
2006-07-03 05:19:55 · answer #6 · answered by GR8 Question 1 · 0⤊ 0⤋
hire a lawyer asap
2006-07-03 05:14:38 · answer #7 · answered by julia4evert 4 · 0⤊ 0⤋