Our landlord tells us we have nothing to worry about but he then brought a realtor to the home in question, along with his soon to be ex wife, and later told us that he has to put the house on the market for 90 days to appease his wife and then he will buy her share out. I do not want to be surprised with a 30-day notice in December and be forced to move in the snow and ice. What are our rights as our lease is good through June of 2007. If the house is placed on the market, does that void the lease so we can move if we choose to with no repsonsibility for remainder of the lease? Can we get our deposit back?
2006-09-27 06:10:56 · 9 answers · asked by totallyd14me 1 in Business & Finance ➔ Renting & Real Estate
Check your lease and see what the early termination is on your landlords side. If there isn't anything, which more than likely there isn't then you should be good until June of 07. However if he really has no choice but to sell it, not just put it on the market, then you should be compensated for breach of contract. Call a real estate attorney in your area and see what the law is in your state. They will be better equipped to answer this question for you.
2006-09-27 06:16:18 · answer #1 · answered by jdecorse25 5 · 0⤊ 0⤋
Once again, NewMexico is right. Usually, if the house is placed on the market or sold, that is not enough to void the lease. You have a contract that runs with the land. That means that the new owner can't kick you out and your obligation to the new owner is the same as it would have been to the old owner.
Your state's landlord/tenant laws will describe how to get your deposit back. Either the sale of the property will include a transfer of your deposit to the new owner or the old owner will return your deposit when the property sells and the new owner will demand that you pay him a deposit. Either way, don't expect to spend the money until after you move out.
2006-09-27 08:02:45 · answer #2 · answered by David 3 · 0⤊ 0⤋
First of all you have a contract that is good until June of 2007 you are protected under contract law and under your state's landlord tenant act. Providing that the lease does not cancell upon the sale of the propery, when and if they sell the house whomever buys must be disclosed to of the fact that the property comes with a tenant and a contract and such a contract must be assigned by the seller to the new buyer or the seller must make a deal with you to either buy you out or notify you that he/she is assigning the lease to a new owner (if allowed on the lease) You need to go to your state's web site and check under Landlord tenant laws so that you can see all the rules and regs that apply in your case and if the state offers any assistance to you in the event of a dispute.
Buena Suerte
2006-09-27 06:49:25 · answer #3 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
If the lease says he can give you 30 day notice to move for what reasons set out in the lease there's your answer...
Ever thought about becoming a Home Owner? Might be a good time as your already in the home and know all the problems it has etc????
2006-09-27 06:26:37 · answer #4 · answered by Scott 6 · 0⤊ 0⤋
the landlord is entitled to sell the property. when the property sells so does the existing lease on the property, so your lease would transfer to the new owner. The new owner or current owner can still give you a 30 day notice to vacate prior to the expiration of your lease. If you are looking for security I would go ahead and move, and absorb the fees for opting out of my current lease. more than likely you will not get your deposit back
2006-09-27 06:17:31 · answer #5 · answered by hailey 4 · 0⤊ 0⤋
Yes you are in trouble, ask to landlord to place in the sale your right o continue under the lease. If the house is on the market in 90 days it ,may be 6 month sto a year unil the sale is final
How long is your lease anyay?
2006-09-27 06:14:56 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I don't know about your state, but in California, the new owner has to honor the lease. Spend a few bucks and record the lease at the county clerk's office so that it is public knowledge and it shows up in a title search.
Regards
2006-09-27 06:30:45 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Check out your contract. The deposit is yours as long as rent was always on time and there was no damage. He can't hold your responsible since he's breaking the agreement on his end.
(Unless the new owner is allowing your stay)
2006-09-27 06:18:26 · answer #8 · answered by auniquekind 3 · 0⤊ 0⤋
go to your local library and check out a book on "tenant -landlord rights" for your area. The book should answer all your questions and have forms you can copy and instruction on how to file them Good Luck
2006-09-27 06:17:02 · answer #9 · answered by thirsty mind 6 · 0⤊ 0⤋