What rights do I have if landlord is breaking lease?

Question

I signed an 18 month lease and now 6 months into the lease my landlord decides he wants to sell the house and wants me to leave as soon as possible. Meanwhile, he's showing the house to prospective buyers while I'm not there which is a little irritating. What rights do I have? Can I take the landlord to court? There is no clause in the lease stating that he can terminate the lease if he decides to sell or find a buyer. So I have to find a place and come up with security deposits all over again because current landlord will not release deposit until I'm gone and he's had a chance to look over the place.

I live in St. Louis, MO- and yes I have copy of lease and I have gone over it carefully, there is no clause saying he has the right to terminate lease for any reason.

Answer 1

Please give us which state or city you are in. Each government has it's own laws, statutes and regulations.
I will check back to see if you have updated question.
Peace

UPDATE:
Thank you. Here is a link to a PDF of the Missouri state laws concerning the Landlord-Tenant relationship.
You will see on page 4 that the landlord must tell you of a transfer of ownership in writing, it is implied that you cannot be removed because of a transfer of ownership.
See page 10 for the reasons a Landlord can terminate lease.
Page 16 states you cannot be evicted without a Court Order.

Maybe if you print this out and show it to the Landlord, this can avert many hassles.

In any case you should contact the Metropolitan St. Louis Equal Housing Opportunity Council
For residents of St. Louis city and St. Louis,
St. Charles, Franklin and Jefferson counties:
314-534-5800 or 800-555-3951
And the Consumer Protection Hotline:
800-392-8222

Make sure your computer has the Adobe PDF Reader.

Good Luck and Peace

Answer 2

You should take your lease to a lawyer, preferably one specializing in real estate issues.
I've never seen a lease that didn't have SOME clause allowing the landlord to sell the house or apartment, but usually there are responsibilities inherent in this, such as giving reasonable notice to you to allow you time to find a new home. However if he is selling it, aside from the breach of contract issue, he is probably within his rights to show the property at reasonable hours to prospective buyers.

However, in this case, I'd say your more pressing issue is the legality of him selling the house when you're contracted to live there for 12 more months. The laws vary state-to-state, so we need to know where you live. For instance, in Virginia, if your lease does not exercise Choice of Law then what your landlord is doing may be in violation of the landlord-tenant act. So. See if your state has a Landlord-Tenant Act. Most do, and there should be a state agency in place to enforce it and to handle complaints and mediate problems like yours.
Good luck!

Answer 3

Your lease will transfer to the new owners if he sells the place. They will have to honor the lease as it is, and cannot change any part of the lease. They cannot raise your rent, and they cannot require additional security deposits. They can't change anything in the lease. They will also be responsible for returning your security deposit at the end of the lease, if the deposit is not needed for repairs or other charges. This is law.

Tell your landlord that you require a 24 hour notice before he shows the place to prospective buyers. He doesn't have to do this, but he should. Tell him that, otherwise, he is affecting your 'quiet enjoyment" of the place. (Quiet enjoyment means you have the right to peacefully live in the place without harassment.)

If you want to move, tell your landlord that you would be willing to let him break the lease if he pays you and makes it worth your while. Tell him you want him to pay all your moving expenses, and you would like additional funds in the amount to cover your application fees and security deposit at your new location. These funds would be to compensate you for the hassle of having to move long before your lease expires. Tell him that, unless he is willing to give you some sort of monetary compensation in return for breaking the lease, you plan to stay. After all, your lease is valid until the end date specified in the lease. If he wants you out earlier, he has to pay to get you out earlier. This will also apply to the new owners. If they are planning on living in the house, they need to buy you out of the remaining lease.

Answer 4

It depends on your state, so check with a lawyer or housing rights group. It also depends on what your lease says (did you keep a copy? You should!). If it says the landlord can kick you out at any time, then you probably don't have much recourse, but I've never seen anything like that in any lease I've ever signed.

In my experience, if a landlord wants to sell the house, he can't just kick you out -- on the contrary, the new owner "inherits" the tenant, though they are by no means obligated to renew the lease.

But check your lease, and check state and/or city law. You have rights!

Answer 5

Contact your Attorney Generals Office. Every state that I know of allows landlord to sell property but lease must be upheld through new owner. A signed lease allows you the whole 18 months whether he sells property or not. There can be no rent increases either..

No need for lawyer until attorney generals office says to get one. I believe they will handle this themselves.

Answer 6

He can show the house/sell it, but the lease is still binding on the new owner. They don't have to renew it though once it is up. Not giving up the deposit is highly illegal. Contact the state attorney general's office and they'll either help you, or point you to the local housing authority that can help you.

Answer 7

Take him to court...Contact an attorney.
According to which state you are in will decide your fate.
Don't let him get away with this. There are alot of landlords that pushes tenants around. You do have rights.

Answer 8

It all depends on where you live and the state and local laws governing rental agreements.

I suggest contacting a rental arbitration organization-- they can help you understand your rights and possible ways to address the situation.