My landlord took the house off of the market when I started leasing the house. I signed a 1 year lease agreement. Now out of nowhere he came to me and says, "I have a lady that wants to buy the house and if she buys the house she is not going to lease it. She would like to live in it!" Is this legal? Can nothing be done? I signed a 1 year lease with the intentions of being there for 1 year, now if he sells this house can he just kick me out? (we are only 4months into our lease)
2006-12-14 06:45:50 · 14 answers · asked by Jason 1 in Business & Finance ➔ Renting & Real Estate
She becomes your new landlord. You have a lease (legal right) to live there until the lease expires. Read your lease to make certain there isn't a clause stating that if he sells it you must leave.
If you like, get him to buy you out of your lease. Otherwise, don't stress over it. Meet the real estate agent and inform them of your lease and intent to stay. If that doesn't work then go to the title company and inform them that you have a lease and legal right to remain.
FYI: A lease is very different from a monthly rental agreement. Make certain you actually have a lease to the property and not a monthly rental agreement with the price fixed for the first year.
2006-12-14 06:49:10 · answer #1 · answered by Plasmapuppy 7 · 3⤊ 2⤋
Go see a lawyer. Contracts are not meant to be broken on the whim of one of the signers and that is what your landlord is trying to do. He's asking you to cooperate and hoping you'll help him out by not fighting it. If it is a valid lease and he did not have any verbiage in there allowing him to sell the house while you're in residence then he doesn't have a legal leg to stand on.
It's up to you to see how hard ball you want to play this. Maybe a compromise can be made. Also, you've been there 4 months, it could take a couple of months to close on the selling of the house, that leaves you 6 months to deal with. Maybe you should hear from the woman herself that she won't let you finish your lease. She may be afraid you'll damage the place or there will be repairs she'll have to pay for before she moves in.
And see if he has a written offer to buy from the woman. He could be assuming she's a serious potential buyer when all she's had is casual conversations with him.
But a lawyer will help you cut through all the clutter and resolve the matter. Your lease may even make provisions for who pays for legal costs in the matter of disputes. It could call for arbitration.
There's a lot to consider....and you have to decide if in the end it's really worth the stress and the risk of alienating the landlord.
2006-12-14 07:05:37 · answer #2 · answered by macc_1957 3 · 0⤊ 1⤋
Standard purchases agreements contain language that pertains to rights of tenants. The buyer has to honor any written lease agreements. The seller's turn over any deposits you may have paid to the buyer and the buyer assumes the landlord's position on the lease. The new buyer may want to move in prior to the lease expiration, but that is negotiable between you and the buyer. You are not obligated to move. Work out a buy-out and use the money for a down payment on your own place.
2006-12-14 08:26:47 · answer #3 · answered by larry r 3 · 1⤊ 0⤋
Actually, yes he can. You cannot stop him from selling the house. If the person that buys it "to live in" , she is getting a mortgage on the house by the promise of it being owner occupied. The landlord can give you a 30/60 day notice to vacate. He does NOT have to buy your lease out. He will probably just make sure there are no damages that you are responsible for and give you back your deposit. BUT his 30/60 day notice must be in writing. And the new owner cannot have a tenant if she buys "owner occupied."
Simply look for a new apartment. The sale of the house will take a few weeks, giving you enough time to find other housing.
2006-12-14 07:22:17 · answer #4 · answered by kimmamarie 5 · 2⤊ 1⤋
You're getting a lot of conflicting information. However, your response from Daniel is correct.
Leases must be honored by the new owner. You can even record your lease so that any person interested in purchasing this property will know that a lease exists when they pull title.
Tell your land lord to either pay you to leave or go pound sand. Although my knowledge is from Califonia law, I am sure that every other state is the same.
Regards
2006-12-14 18:28:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes like the person before me stated, if the new owner choses to live in the home, they have that right, which supercedes any lease. This is different than you living in an apartment complex.
Also for everyone reading this. When rental property is bought and sold, the leases are part of that sale. So if you are renting and have a lease, the new owner has to honor that lease.
2006-12-14 08:12:15 · answer #6 · answered by AJ 7 · 0⤊ 1⤋
Depends on the wording of the lease. If you need help finding out, go to a local housing department (city, county, state, whatever) they generally have legal guides or resources for these type of problems.
2006-12-14 06:49:33 · answer #7 · answered by Michael C 3 · 0⤊ 0⤋
No, you're lease is legally binding until completion.
If he wants you out sooner, he has to offer you $$$ or other compensation to get you out.
If your rent is $1000 and you have 8 months left on your lease, that's $8000. Tell him to give you $4000 cash now and you'll leave in 30 days.
Don't let him bull you...he has to honor your lease agreement. He can't just kick you out.
2006-12-14 06:53:35 · answer #8 · answered by drgolfmd 3 · 2⤊ 1⤋
The lease is with the old landlord and not the new. Check your lease agreement.
2006-12-14 08:03:16 · answer #9 · answered by Grandpa Shark 7 · 0⤊ 1⤋
She turns into your new landlord. you've a employ (criminal precise) to stay there till the employ expires. study your employ to make certain there is not any longer a clause asserting that if he sells it you ought to leave. in case you want, get him to purchase you out of your employ. in the different case, do not rigidity over it. Meet the genuine property agent and tell her or him of your employ and purpose to stay. If that would not paintings then visit the identify company and tell them that you've a employ and criminal precise to proceed to be. FYI: A employ is very different from a month-to-month condo contract. ensure you fairly have a employ to the valuables and under no circumstances a month-to-month condo contract with the fee fixed for the first 365 days.
2016-10-18 07:18:14 · answer #10 · answered by ? 4 · 0⤊ 0⤋