Can new landlord charge rent to 81-yr-old existing tenant given lifelong rent-free tenancy by previous owner?

Question

My 81 year old mother in South Dakota moved from her farm home into an apartment owned by a man who owed her a large amount of money he was unable to pay to her. This man told her she could live in the apartment rent-free for life. The farm home is no longer liveable. The original apartment owner lost the apartment house due to back taxes and it has now been purchased. The new owner says my mother must start paying $400. a month rent beginning the end of this month. The letter and phone message stating this were around the 20th of the month. What rights does my mother have in this situation?

Is she entitled to 30 day notice of the rent increase or can they just tell her she has to start paying it?

New owner says he has right to enter home at any time with no notice given. Is this true?

Answer 1

Mother has no rights in this sad situation. The new owner almost assuredly assumed none of the former agreements in place because of the way he obtained the property. He most probably bought the property at the sheriff's sale. In such situations, none of the previously legal agreements transfer.

If your mother had all this legally handled and documented, she has a legal case against the FORMER owner. She can take HIM to court and hope to get a settlement from him.

Follow up: The new owner is exempted from the normal thirty day notice required, since the new owner is not changing a previous agreement which HE had.

Answer 2

Unless your mother had something in writing from the previous owner claiming she could live there rent free for life....however, who's life?? his or hers? If he lost the property and it sold to new owners then the verbal deal she had with him is null and void. they can not only raise the rent but they can kick her out if they choose to.

And NO, they cannot enter the unit without notice any time they want whether she has a written agreement/lease or not. Tenant Landlord law (ALL) state that the LL must provide 24-48 hours notice that they are entering the dwelling to either

A) make a repair that was requested by the homeowner
B) upgrade the unit
C) to show the property if the current renter has given notice to move.

The only time they can enter with out notice is during an emergency situation. This was cut from the South Dakota Tenant Landlord Law

LANDLORD RESPONSIBILITIES:
Provide habitable housing. This means the house or apartment must comply with all building, housing, and health codes which significantly affect health and safety.

Give tenant at least 24 hours notice before entering the apartment. A landlord cannot walk in for any reason, unless it is an emergency.

Clean and maintain common areas (hallways, stairs, yards, entry ways).

Please send a letter to the new landlord and copy this and inform them that they are to give you or your mother 24 hours notice when they are going to enter the dwelling for any reason. As for the rent she is going to have to pay it or run the risk of being evicted.

Answer 3

Mom has an agreement with former owner, not new.

Normally a certain amount of notice must be given for rent increase- my state is 45 days for month-to-month tenancy.

Normally a certain amount of notice must be given for landlord to come on property- usually 24 hours.

Time to read lease and see legal aid!

Answer 4

the old owner can not make an agreement that is binding if they lose the house. you should pursue that matter in court to get the money owed from the old owner. the new owner has every right to start asking for rent, unless his purchase agreement had a clause in it about existing tenants I'm amazed that your mother was left to live there after the place was foreclosed.

Answer 5

she would have to go after the previous owner, but since he lost the home for not paying taxes, he probably doesn't have any money to get. she may be out of luck

Answer 6

short answer is Yes
new owner, new leases can be excepted
and before you ask Yes it's legal