English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

I was origianlly living in the house, my ex requested possession and it was granted. The problem is I stopped living there months ago (April) and have tenants there, who would like to stay indefinately or at least another three months when the lease runs out. Can he put them out on this judgement against me or does he have to file a separate eviction on them? I live in Maryland.

2007-09-18 22:11:36 · 2 answers · asked by ? 3 in Business & Finance Renting & Real Estate

Also the lease is in my name, not his name, so if I no longer have possession and hence am evicted (granted Im not there anymore) does that null and void the lease?

2007-09-18 22:20:19 · update #1

No I had rights to the place when the lease was issued and although the rent is low for the area it is not a crazy amount, they pay five hundred when it could go for one thousand, but this is because they do all minor repairs and they also do not have much income. I just dont want them to be evicted because of the battle betwen me and my ex.

2007-09-19 08:27:17 · update #2

2 answers

as long as you had a legal right to the place when you issued the lease you should be OK,

the lease should then transfer to your ex, and be held to the same terms of the lease until it expires

now if there are more facts to this then the lease maybe be invalid or valid

for example when you issued the lease you where on notice of a possible issue that you would not have a legal right to the place, and where involved in court proceedings when you issued the lease, and the lease terms are fuzzy like only 1 dollar a month rent,

2007-09-19 00:36:52 · answer #1 · answered by goz1111 7 · 0 0

Their lease supersedes his right of possession. They can stay at least until the lease expires. He could only evict them for non-payment of rent or other violations of the terms of the lease. The judgment he received was against you, NOT the tenants.

The lease is NOT nullified. He takes over as landlord and is entitled to collect the remainder of the rents. He is also responsible for the security deposit even if he didn't collect it from you. He must honor the terms of the lease and cannot modify the terms or terminate it early.

This is a simple transfer of ownership. When ownership changes hands the new owner is subject to any existing leases and must honor them. The new owner has no choice in the matter. Existing tenants are innocent parties to the change of ownership and their rights cannot be denied due to the change of ownership.

2007-09-19 05:18:03 · answer #2 · answered by Bostonian In MO 7 · 0 0

fedest.com, questions and answers