we are in the process of buyin a house and should be closing within the next 2 weeks in ohio..the house were renting is about to be closed with the new owner this next week. what i am wondering is what is..he is being a jerk about all this and wants us outta here now, what does he have to give us for a notice..such as 30 day or 60 day? he knows we are also buyin and he is young...but he is being a real pain about this and i was lookin for any insight from anyone on this.
thanks for any help
2006-10-04 00:56:31 · 8 answers · asked by mememe 1 in Business & Finance ➔ Renting & Real Estate
Anytime you rent, your leasing agreement should state all the terms. Then again perhaps that part was left out and somehow...you didn't catch it? All states have a law in place to protect you the renter. Check your leasing contract with an attorney. Everyone knows it takes time to move. Maybe he's being that way because he can. You could sue him for an illegal eviction when it comes down to it. That law like any other law will differ from state to state.
2006-10-04 02:55:58 · answer #1 · answered by Hun 2 · 0⤊ 0⤋
Go about your business. If he wants to be an *** then let him. Technically he doesn't need to give you any notice, but, on the other hand, if you just stay where you are and make him evict you it will take him 90 days to evict you.
I'm understanding that the house you are living in (the one you're renting) is being sold and closed next week and the one you're buying closes in two weeks. If that's correct then your landlord may be closing on the house based on the wishes of HIS buyer. If that's the case and you refuse to move out, then you could be liable if it causes his sale to have problems. His primary obligation is to his buyer/not you as his (soon to be) ex tenant.
Be aware that if you're not moving out causes him monetary loss in the sale of the house/then he would win in court and it could cost you thousands. If on the other hand he is not selling/but just being an ***. He doesn't have a great deal of recourse over the two weeks-just make sure you have documented everything-as in sending EXACT notice by certified mail/receipt requested. This way you have proof and it's not just his word against yours. Just remember where the law is concerned whuts said don't mean nuthin!!! if it ain't written then it didn't happen.
2006-10-04 01:13:09 · answer #2 · answered by dulcrayon 6 · 0⤊ 0⤋
The new owner should honor your existing lease. So, even if he buys the house he can't kick you out at closing unless he has met the notification requirements in the lease. This also means if you are only 10 months into a 12 month lease you're still required to make those last 2 payments.
2006-10-04 01:01:00 · answer #3 · answered by The Man 5 · 0⤊ 0⤋
Do you have a lease? It is still in effect, even when the property is sold. 30 days notice (starting at the first day of the month) would apply if it is in your lease, or if your lease has expired. Some of this varies by state and town; I'm going by Illinois/Chicago law which is pretty strict and leans towards the tenant.
2006-10-04 01:10:27 · answer #4 · answered by marie 7 · 0⤊ 0⤋
ask an Attorney. Most states (particularly Northern) have rules about removal. Are you within the terms of your lease?..even if not most likely thirty days are implied..particularly if your all paid..my point though is it would prob serve you best to have a third party..Attorney, Police..etc... tell this guy he can wait two weeks ... most states have some sort of free legal hotline that can direct you in the right direction.
2006-10-04 01:00:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You're protected by your lease tems and by state law here are some links from our research department where you can find your protection:
LAWS: http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC
Small claims court brochure: http://www.ag.state.oh.us/citizen/pubs/smallclaimscourtWEB.pdf STATE’S WEB SITE: http://www.ohio.gov/
LANDLORD TENANT ACT: http://www.ohiolegalservices.org/OSLSA/PublicWeb/Library/Index/1690000/1630100/index_html
Ohio Bar Association article on Landlord Tenant Issues: http://www.ohiobar.org/pub/lycu/index.asp?articleid=407
State Bar Association: http://www.ohiobar.org/
Happy Research
Buena Suerte
2006-10-04 03:07:10 · answer #6 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
i am shore for him you was a potential buyer for his house and it never happened also you did buy a home and he is closing the Dael soon with another buyer .
first put your self in his shoe and tell me what you do? and second, maybe he have to fix few things in the home he dos not want to loos time or his buyer specially now when the real estate market is not booming.
2006-10-04 01:09:13 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Check your lease and see what it says. If you don't have a lease contract check with the houses authorities in your city to see what the law says.
2006-10-04 01:01:00 · answer #8 · answered by Anonymous · 0⤊ 0⤋