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We have been renting this place since april and have a one year lease. Yesterday our landlord said he's putting the house up for sale. I feel upset because I don't like the idea of people entering the house while I'm not there. I would have never rented the place if I had to deal with this! Is it legal for him to do this even though are lease isn't up till march?

2007-10-23 04:45:03 · 28 answers · asked by Anonymous in Business & Finance Renting & Real Estate

28 answers

yes he can transfer lease also in favour of the buyer..unless lease agreement forbids him to do so!

2007-10-23 04:50:24 · answer #1 · answered by s g 3 · 1 0

The owner has the legal right to sell the property. You lease must be honored by the new owner. Potential buyers will be brought through with a professional real estate agent. They are looking for the overall condition of the property and will not be going through your personal items. The landlord (or his agent) has the right to enter with proper notice in most states. How much notice and how it must be given depends on what is written in your lease and varies by state, so you would have to look at your lease and your state's landlord tenant laws to be sure. A landlord is not required to disclose that he may, in the future, be selling the property. There is always that chance. The only way to avoid the possibility is to own your own home.

2016-05-25 03:24:10 · answer #2 · answered by ? 3 · 0 0

It all depends on what state you live in. In GA, the landlord can sell the property and the buyer will have to honor your lease. Unless you entered into a lease/option agreement, where you would have first right to buy should the owner decide to sell, the landlord has violated no law. Your rent will remain the same with the new owner until your lease expires. Alot of investors look for property to buy that is already occuppied by a tenant. It is less legwork for them to have to secure a tenant to pay the mortgage. In your case, they wouldn't have to worry about it since you are already in place. Potential buyers will have to honor your privacy and the owner should make that clear in the listing. Cooperate with your landlord since you never know why he is selling. Some tenants make it very difficult and do not allow potential buyers to view the property or make it hard for them to. If your landlord is facing financial difficulty, it is best for him to sell rather than letting the property foreclose. If that happens, you will have to find another place to live, even if your lease is still in place. You do have rights, so don't forget that. Talk with a real estate attorney should you feel your rights have been violated.

2007-10-23 05:17:29 · answer #3 · answered by orange moon 2 · 0 1

Yep, it is legal unless there is something in the lease that says the landlord cannot sell the house. I doubt that is there though. The house can be sold and you may have to deal with potential buyers wanting to see the place and then with home inspectors checking the place out as well. This will not be too much different than having the landlord or his agents come over to do maintenance or when he has pest control come over to spray the place.

You would also have to deal with the same problem if the owner went bankrupt and the bank took over the house thru foreclosure.

2007-10-23 04:50:11 · answer #4 · answered by A.Mercer 7 · 0 1

See a lawyer.

1. He can sell it yes but he must a bide my renter's right.
2. He may have few clauses put in the lease about inspection, in that case you have little choice but to let them inspect.
3. Read your lease very care fully and calmly, then make note and evaluate the situation. Your rights are Superior to new owners rights, but if it is a month to month lease, then you can find something and move out or when the buyer is found the present owner will give you a notice or new owner may or may not give you a notice, if it is an invester.

Do not rush, housing market is very slow now all over.

2007-10-23 04:59:12 · answer #5 · answered by minootoo 7 · 0 1

In your lease, did your landlord inform you or is it written in your lease that he could sell the house or put it up for sale while you were still living there and honoring your lease? I'm not a lawyer, but I know there are laws in reference to your problem. I feel for you b/c I would be very upset too. You have rights b/c you signed a lease..whatever is written in the lease, the landlord has to honor, as well as you have to honor the lease. Good luck, God Bless.

2007-10-23 04:52:26 · answer #6 · answered by Anonymous · 0 1

If you signed a lease he can't make you leave unless you have broken the rules. He might just be putting it on the market for now and putting the sale date on it for April.If it is in your Contract that he may enter while you are not there you can't do anything. Renting can be a pain. I understand. I rented for 5 years and had to move 6 times so I hope you find somone good next time.

2007-10-23 04:49:33 · answer #7 · answered by polkyj7710 2 · 0 1

Yes they can sell it. No the new owner does not have to honor the lease.

It is possible that the new owner can place a stipulation that the home be delivered vacant, or the current lease broken.

You'll have to read your lease to see what remedy the current landlord will need to pay you to get you out of the lease. They will be breaking the lease, not you.

Kind of sucks, doesn't it?

2007-10-23 05:20:00 · answer #8 · answered by Tim 7 · 0 1

unfortunately yes,ther are loop holes a landlord can go through to do thes sort of things. He may stae that you werent keeping up with the home as well as he liked,or having late payments or finding to many things messed up things in the home that required expensive repair costs. Or just cuz he's being an ***. If you have been doing your part in making payments, keeping the house neat,including the landscaping and interior of the home then you can contact the better business bureau and complain. He has to give you a months notice, before he decides to sell, in written form,that is notarized.If he fails to do so you can stay till march,when your lease is up. Unless he has proof of unsanitary or awful upkeep of the home and irresponsible payments every month then yes he can do what he likes,but if your innocent of any wrong doing what so ever then you can fight this guy trying to kick you out.

2007-10-23 04:56:39 · answer #9 · answered by happyhive7 3 · 0 1

Yes, your landlord can put the property up for sale but the new owner must accept the current lease term and condition. As far as people coming in and out of your rental property, they should be in contact with you before they swing by to look at the property. Your landlord should add this comment on the listing.

2007-10-23 05:04:07 · answer #10 · answered by Victoria78 2 · 0 1

It depends on the country or state you live in.

In most circumstances a landlord has the right to dispose of a property (sell it) at any time. In most countries at the time of property transfer your lease will become automatically null and void, though this can be over ridden by state law. It's normal practice to give you notice of impending sale and it's a good idea to start looking for a new place to live incase the new owners decide they want to live in the property.

2007-10-23 05:04:29 · answer #11 · answered by Anonymous · 0 1

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