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#1
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
I thought to take the advice from the members of the group on
an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was scheduled to expire on July 31, 2006. I got a letter from the owner a month ago asking me to extend the lease if I want to continue in the apt. I signed for the renewal of the one year lease from Aug' 2006 to July, 2007. They signed and sent me a copy of the lease agreement. Just a week back, I got a call from owner that they want to sell the apartment and I would be given a notice to vacate, I countered that we have already signed the lease and it's not possible. A couple of days back I got the notice from the owner that the apt has been put on sale and I would be required to show the apt to the potential buyers. If anyone agrees to buy, I will be given two months notice to vacate. I checked the lease agreement again, normally we don't care when we sign. There is a clause on sale of property. I write that he a) If the Landlord sells the Property, all security deposits and any interest due are transferred to the new Landlord. Landlord agrees to notify the Tenant about the sale and to provide the name and address of the new Landlord. b) The new Landlord is responsible to Tenant for return of the security deposit and any interest due after the sale of the property. c) Tenant understands that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. The clause is vague on what will happen to the term of the lease. The owner has tried to keep all options on his side. By sending me a notice to extend the lease and after I signed the lease, again sending a notice that they are putting the apt on sale, they have ensured that they keep getting the rent from me till their property is sold, after it is sold, the terms of lease do not apply to them. I am not sure whether it applies to new landlord, but yesterday's letter says that they will give me two months notice to vacate after selling. It seems they are dictating how long I have to live in that apartment. |
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#2
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
"sav" wrote in message ups.com... I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was scheduled to expire on July 31, 2006. I got a letter from the owner a month ago asking me to extend the lease if I want to continue in the apt. I signed for the renewal of the one year lease from Aug' 2006 to July, 2007. They signed and sent me a copy of the lease agreement. Just a week back, I got a call from owner that they want to sell the apartment and I would be given a notice to vacate, I countered that we have already signed the lease and it's not possible. A couple of days back I got the notice from the owner that the apt has been put on sale and I would be required to show the apt to the potential buyers. If anyone agrees to buy, I will be given two months notice to vacate. I checked the lease agreement again, normally we don't care when we sign. There is a clause on sale of property. I write that he a) If the Landlord sells the Property, all security deposits and any interest due are transferred to the new Landlord. Landlord agrees to notify the Tenant about the sale and to provide the name and address of the new Landlord. b) The new Landlord is responsible to Tenant for return of the security deposit and any interest due after the sale of the property. c) Tenant understands that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. The clause is vague on what will happen to the term of the lease. The owner has tried to keep all options on his side. By sending me a notice to extend the lease and after I signed the lease, again sending a notice that they are putting the apt on sale, they have ensured that they keep getting the rent from me till their property is sold, after it is sold, the terms of lease do not apply to them. I am not sure whether it applies to new landlord, but yesterday's letter says that they will give me two months notice to vacate after selling. It seems they are dictating how long I have to live in that apartment. you and the other tenants may want to pool together and get a legal opinion on this. city and/or state laws may specify what happens in this case. |
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#3
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
On 18 Jun 2006 08:29:27 -0700, "sav" wrote:
I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was scheduled to expire on July 31, 2006. I got a letter from the owner a month ago asking me to extend the lease if I want to continue in the apt. I signed for the renewal of the one year lease from Aug' 2006 to July, 2007. They signed and sent me a copy of the lease agreement. Just a week back, I got a call from owner that they want to sell the apartment and I would be given a notice to vacate, I countered that we have already signed the lease and it's not possible. My understanding in New York is that the lease trumps all other contracts, and the new owner must honor a lease that is in effect at the time of property transfer. If this apartment were in New York, your lease would hold up until July 2007. |
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#4
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
KLS wrote: On 18 Jun 2006 08:29:27 -0700, "sav" wrote: I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was scheduled to expire on July 31, 2006. I got a letter from the owner a month ago asking me to extend the lease if I want to continue in the apt. I signed for the renewal of the one year lease from Aug' 2006 to July, 2007. They signed and sent me a copy of the lease agreement. Just a week back, I got a call from owner that they want to sell the apartment and I would be given a notice to vacate, I countered that we have already signed the lease and it's not possible. My understanding in New York is that the lease trumps all other contracts, and the new owner must honor a lease that is in effect at the time of property transfer. If this apartment were in New York, your lease would hold up until July 2007. Thanks, I am not aware of the Pittsburgh local law, but I would check that ... -sav |
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#5
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
"sav" wrote in message
ups.com... I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was scheduled to expire on July 31, 2006. I got a letter from the owner a month ago asking me to extend the lease if I want to continue in the apt. I signed for the renewal of the one year lease from Aug' 2006 to July, 2007. They signed and sent me a copy of the lease agreement. Just a week back, I got a call from owner that they want to sell the apartment and I would be given a notice to vacate, I countered that we have already signed the lease and it's not possible. A couple of days back I got the notice from the owner that the apt has been put on sale and I would be required to show the apt to the potential buyers. If anyone agrees to buy, I will be given two months notice to vacate. I checked the lease agreement again, normally we don't care when we sign. There is a clause on sale of property. I write that he a) If the Landlord sells the Property, all security deposits and any interest due are transferred to the new Landlord. Landlord agrees to notify the Tenant about the sale and to provide the name and address of the new Landlord. b) The new Landlord is responsible to Tenant for return of the security deposit and any interest due after the sale of the property. c) Tenant understands that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. The clause is vague on what will happen to the term of the lease. The owner has tried to keep all options on his side. By sending me a notice to extend the lease and after I signed the lease, again sending a notice that they are putting the apt on sale, they have ensured that they keep getting the rent from me till their property is sold, after it is sold, the terms of lease do not apply to them. I am not sure whether it applies to new landlord, but yesterday's letter says that they will give me two months notice to vacate after selling. It seems they are dictating how long I have to live in that apartment. I am not a lawyer, and the following is not legal advice, and should not be taken as such. The laws about landlords and tenants vary from state to state, and city to city. In general, larger cities have laws that grant additional rights to apartment renters. Pittsburgh probably has such laws. However, in general, 1) you are allowed to live there until the lease expires 2) if the lease says you don't have to move out if the property is sold during your lease term, then you don't have to move out when the property is sold 3) anything threatening or vindictive that he does to try and get you to break your lease is against the law and you may have legal remedies. Document anything and everything the landlord says to you. Keep copies of all letters. If he pays you a surprise visit, tape record the conversation (you can hide the tape recorder, he doesn't have to know your're doing this.) If he says something really stupid you'll be glad you did. Contact a legal aid society. These organizations are othen very sympathetic to renters, and often provide legal aid at little or no cost and may be able to help you. Again, I am not a lawyer and the above is not legal advice, and should not be taken as such. S |
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#6
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
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#7
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
AllEmailDeletedImmediately wrote: check out links on this google search http://www.google.com/search?hl=en&q...+tenant+rights Thanks. I had tried that. It's helpful. -sav |
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#8
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
mrsgator88 wrote: "sav" wrote in message ups.com... I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was scheduled to expire on July 31, 2006. I got a letter from the owner a month ago asking me to extend the lease if I want to continue in the apt. I signed for the renewal of the one year lease from Aug' 2006 to July, 2007. They signed and sent me a copy of the lease agreement. Just a week back, I got a call from owner that they want to sell the apartment and I would be given a notice to vacate, I countered that we have already signed the lease and it's not possible. A couple of days back I got the notice from the owner that the apt has been put on sale and I would be required to show the apt to the potential buyers. If anyone agrees to buy, I will be given two months notice to vacate. I checked the lease agreement again, normally we don't care when we sign. There is a clause on sale of property. I write that he a) If the Landlord sells the Property, all security deposits and any interest due are transferred to the new Landlord. Landlord agrees to notify the Tenant about the sale and to provide the name and address of the new Landlord. b) The new Landlord is responsible to Tenant for return of the security deposit and any interest due after the sale of the property. c) Tenant understands that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. The clause is vague on what will happen to the term of the lease. The owner has tried to keep all options on his side. By sending me a notice to extend the lease and after I signed the lease, again sending a notice that they are putting the apt on sale, they have ensured that they keep getting the rent from me till their property is sold, after it is sold, the terms of lease do not apply to them. I am not sure whether it applies to new landlord, but yesterday's letter says that they will give me two months notice to vacate after selling. It seems they are dictating how long I have to live in that apartment. I am not a lawyer, and the following is not legal advice, and should not be taken as such. The laws about landlords and tenants vary from state to state, and city to city. In general, larger cities have laws that grant additional rights to apartment renters. Pittsburgh probably has such laws. However, in general, 1) you are allowed to live there until the lease expires 2) if the lease says you don't have to move out if the property is sold during your lease term, then you don't have to move out when the property is sold The lease does say that I will have to move out after the sale. Only thing it says that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. 3) anything threatening or vindictive that he does to try and get you to break your lease is against the law and you may have legal remedies. Document anything and everything the landlord says to you. Keep copies of all letters. If he pays you a surprise visit, tape record the conversation (you can hide the tape recorder, he doesn't have to know your're doing this.) If he says something really stupid you'll be glad you did. Contact a legal aid society. These organizations are othen very sympathetic to renters, and often provide legal aid at little or no cost and may be able to help you. Thanks for the suggestions. I will try to search for the legal aid societies which can help me in this. Again, I am not a lawyer and the above is not legal advice, and should not be taken as such. S |
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#9
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
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#11
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
wrote: krw wrote: In article . com, says... mrsgator88 wrote: "sav" wrote in message ups.com... I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was scheduled to expire on July 31, 2006. I got a letter from the owner a month ago asking me to extend the lease if I want to continue in the apt. I signed for the renewal of the one year lease from Aug' 2006 to July, 2007. They signed and sent me a copy of the lease agreement. Just a week back, I got a call from owner that they want to sell the apartment and I would be given a notice to vacate, I countered that we have already signed the lease and it's not possible. A couple of days back I got the notice from the owner that the apt has been put on sale and I would be required to show the apt to the potential buyers. If anyone agrees to buy, I will be given two months notice to vacate. I checked the lease agreement again, normally we don't care when we sign. There is a clause on sale of property. I write that he a) If the Landlord sells the Property, all security deposits and any interest due are transferred to the new Landlord. Landlord agrees to notify the Tenant about the sale and to provide the name and address of the new Landlord. b) The new Landlord is responsible to Tenant for return of the security deposit and any interest due after the sale of the property. c) Tenant understands that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. The clause is vague on what will happen to the term of the lease. The owner has tried to keep all options on his side. By sending me a notice to extend the lease and after I signed the lease, again sending a notice that they are putting the apt on sale, they have ensured that they keep getting the rent from me till their property is sold, after it is sold, the terms of lease do not apply to them. I am not sure whether it applies to new landlord, but yesterday's letter says that they will give me two months notice to vacate after selling. It seems they are dictating how long I have to live in that apartment. I am not a lawyer, and the following is not legal advice, and should not be taken as such. The laws about landlords and tenants vary from state to state, and city to city. In general, larger cities have laws that grant additional rights to apartment renters. Pittsburgh probably has such laws. However, in general, 1) you are allowed to live there until the lease expires 2) if the lease says you don't have to move out if the property is sold during your lease term, then you don't have to move out when the property is sold The lease does say that I will have to move out after the sale. Only thing it says that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. Of course he won't have any more responsibilities. Any responsibility that he had is transferred to the new owner on the day of closing. That doesn't mean your contract (either way) is void. You're still obligated to the words on the paper you signed (as is the new owner). 3) anything threatening or vindictive that he does to try and get you to break your lease is against the law and you may have legal remedies. Document anything and everything the landlord says to you. Keep copies of all letters. If he pays you a surprise visit, tape record the conversation (you can hide the tape recorder, he doesn't have to know your're doing this.) If he says something really stupid you'll be glad you did. Contact a legal aid society. These organizations are othen very sympathetic to renters, and often provide legal aid at little or no cost and may be able to help you. Thanks for the suggestions. I will try to search for the legal aid societies which can help me in this. From what I see, you haven't much of a leg to stand on. You signed the lease stating that you could be asked to move on two months notice. The new owner may well want you to stay though. From wjhat I see, you don't know what your talking about. The OP has a lease. From what has been said, the lease says nothing about the tenant having to vacate in 2 months if the property is sold. It appears the landlord is now trying to tell the tenant they must move in 2 months because the property has been sold. The property has not yet been sold. The agent of the owner is now showing it to the prospective buyers. The owner says that I would be given two month notice to vacate after sale. It appears from the discussion that they can't do this. I would definitely consult a lawyer now if I get notice of vacation before the end of lease. In virtually every case, the lease trumps everything else. Just like the tenant would be in default if they decided to move before the lease is up, the same applies to the landlord. Unless the lease specifies otherwise, the landlord can't just decide to sell the property, cut the lease short and force the tenant to move out. Again, I am not a lawyer and the above is not legal advice, and should not be taken as such. A lawyer is always a good thing, though in this case may be more expensive than a U-Haul. -- Keith |
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#12
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
krw wrote: In article . com, says... mrsgator88 wrote: "sav" wrote in message ups.com... I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was scheduled to expire on July 31, 2006. I got a letter from the owner a month ago asking me to extend the lease if I want to continue in the apt. I signed for the renewal of the one year lease from Aug' 2006 to July, 2007. They signed and sent me a copy of the lease agreement. Just a week back, I got a call from owner that they want to sell the apartment and I would be given a notice to vacate, I countered that we have already signed the lease and it's not possible. A couple of days back I got the notice from the owner that the apt has been put on sale and I would be required to show the apt to the potential buyers. If anyone agrees to buy, I will be given two months notice to vacate. I checked the lease agreement again, normally we don't care when we sign. There is a clause on sale of property. I write that he a) If the Landlord sells the Property, all security deposits and any interest due are transferred to the new Landlord. Landlord agrees to notify the Tenant about the sale and to provide the name and address of the new Landlord. b) The new Landlord is responsible to Tenant for return of the security deposit and any interest due after the sale of the property. c) Tenant understands that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. The clause is vague on what will happen to the term of the lease. The owner has tried to keep all options on his side. By sending me a notice to extend the lease and after I signed the lease, again sending a notice that they are putting the apt on sale, they have ensured that they keep getting the rent from me till their property is sold, after it is sold, the terms of lease do not apply to them. I am not sure whether it applies to new landlord, but yesterday's letter says that they will give me two months notice to vacate after selling. It seems they are dictating how long I have to live in that apartment. I am not a lawyer, and the following is not legal advice, and should not be taken as such. The laws about landlords and tenants vary from state to state, and city to city. In general, larger cities have laws that grant additional rights to apartment renters. Pittsburgh probably has such laws. However, in general, 1) you are allowed to live there until the lease expires 2) if the lease says you don't have to move out if the property is sold during your lease term, then you don't have to move out when the property is sold The lease does say that I will have to move out after the sale. Only thing it says that the present Landlord will not have any more responsibilites in this lease after the property is sold to the new owner. Of course he won't have any more responsibilities. Any responsibility that he had is transferred to the new owner on the day of closing. That doesn't mean your contract (either way) is void. You're still obligated to the words on the paper you signed (as is the new owner). 3) anything threatening or vindictive that he does to try and get you to break your lease is against the law and you may have legal remedies. Document anything and everything the landlord says to you. Keep copies of all letters. If he pays you a surprise visit, tape record the conversation (you can hide the tape recorder, he doesn't have to know your're doing this.) If he says something really stupid you'll be glad you did. Contact a legal aid society. These organizations are othen very sympathetic to renters, and often provide legal aid at little or no cost and may be able to help you. Thanks for the suggestions. I will try to search for the legal aid societies which can help me in this. From what I see, you haven't much of a leg to stand on. You signed the lease stating that you could be asked to move on two months notice. The new owner may well want you to stay though. I haven't signed this kind of lease. The notice they sent me on 06-14 that I would have to vacate the apartment within two months of the sale of unit is not mentioned as such in the lease (read the clause of sale I had written in the first posting). Again, I am not a lawyer and the above is not legal advice, and should not be taken as such. A lawyer is always a good thing, though in this case may be more expensive than a U-Haul. -- Keith |
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#13
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
"sav" wrote:
I haven't signed this kind of lease. The notice they sent me on 06-14 that I would have to vacate the apartment within two months of the sale of unit is not mentioned as such in the lease (read the clause of sale I had written in the first posting). You haven't posted the entire lease either, IIRC. Is there any clause that states the landlord can terminate the lease without your consent? But the bottom line, regardless of what the lease states, is how much is it worth to you to stay where you are? The landlord could have refused to renew the lease when it was up, so the longest you could have stayed put is the current lease term. If you have grounds and fight it, you might win. The landlord might also suddenly forget to fix things like broken door locks, backed up drains, backed up toilets, etc. There might be all night parties next door. And after all that, he might discover a million reasons why your deposit can't be returned. OTOH, if you go in and point out that they have no grounds to terminate early and suggest that if the landlord covers the cost of a moving truck for a day you might be inclined to overlook the lease... |
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#14
Posted to misc.consumers.house
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
"sav" wrote in message ups.com... I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was (snip) As you found out the hard way, if it ain't in the lease, it doesn't mean squat. Customs and landlord-tenant laws vary from town to town and state to state. Around here, buildings are usually sold with leases in place, and new owner has to honor them until the term of the lease is up. If you really want to stay, and don't mind starting off with the new owner in a confrontational mode, check with your local unit of govt, and/or a real estate attorney, and see what the local laws are. Personally, I would start looking for a place to live, and also talk to the new owner and see what their plans are. If the building is being sold NOT subject to current leases, see if he plans to give current tenants first refusal at the same price, or if he is going to take the place condo, or remodel and jack the rents, or what. You may not have a problem worth worrying about. aem sends... |
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#15
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
ameijers wrote: "sav" wrote in message ups.com... I thought to take the advice from the members of the group on an issue I am not quite familiar with, being a new resident in this country (U.S.). It seems perplexing how the Landlords manipulate. The lease of the apartment I am living in Pittsburgh, PA was (snip) As you found out the hard way, if it ain't in the lease, it doesn't mean squat. Customs and landlord-tenant laws vary from town to town and state to state. Around here, buildings are usually sold with leases in place, and new owner has to honor them until the term of the lease is up. If you really want to stay, and don't mind starting off with the new owner in a confrontational mode, check with your local unit of govt, and/or a real estate attorney, and see what the local laws are. Personally, I would start looking for a place to live, and also talk to the new owner and see what their plans are. If the building is being sold NOT subject to current leases, see if he plans to give current tenants first refusal at the same price, or if he is going to take the place condo, or remodel and jack the rents, or what. You may not have a problem worth worrying about. aem sends... Thanks. I did some web-search. The following seemed to state Pennsylvania law on eviction: http://www.tenant.net/Other_Areas/Pe.../pa-part5.html It does not say that that the tenant can be evicted because the leased property has been sold. -sav |
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#16
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
The answer to this will vary from state to state and perhaps even within states. In California, a new landlord cannot terminate an existing lease. YMMV. Dimitri |
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#17
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
I'm unclear on whether your present landlord owns just your apartment
or the whole building. Laws do vary from state to state, but in most cases if only your apartment is involved in the sale, then the new owner can evict you if it is his/her intent to live in the apartment. It seems most likely that this is the case because no one in their right mind would buy an entire apartment complex and want to evict everyone living there... CF |
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#18
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
Otto Mation (Caroline Freisen) wrote: I'm unclear on whether your present landlord owns just your apartment or the whole building. Laws do vary from state to state, but in most cases if only your apartment is involved in the sale, then the new owner can evict you if it is his/her intent to live in the apartment. It seems most likely that this is the case because no one in their right mind would buy an entire apartment complex and want to evict everyone living there... CF I'd like to see some basis for this claim that the sale of the apartment, even if a single unit, can just terminate a lease in most cases. The tenant signed a lease that locked in a rental period and a rental rate. How would the landlord like it if the tenant decided to move early and just left? The landlord would be entitled to damages. In the same fashion, I don't know of anywhere that the landlord has the right to just sell an apartment and the tenant must go, unless that is spelled out in the lease. And if it were spelled out, then the tenant could take that into consideration when deciding how much rent the place is worth and whether they want to live there. Not making that clear upfront and then pulling this crap is extremely unfair. IMO, the tenant is in a very good position. I seriously doubt they can be forced out. And even if they can, it could take a hell of a long process to do it. Someone suggested asking for the cost of a moving truck to leave early. I'd start by asking for a hell of a lot more than that. Think the new owner wants to close on a building with a squatter? I'd say asking for 3 months rent and settling for 2 would be fair. |
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#19
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
Sometimes the tenant can be evicted if the unit will be for the new
owner's use. Why should a tenant have any rights? They signed a lease with the old owner. New owners should not be encumbered with a tenant. wrote: Otto Mation (Caroline Freisen) wrote: I'm unclear on whether your present landlord owns just your apartment or the whole building. Laws do vary from state to state, but in most cases if only your apartment is involved in the sale, then the new owner can evict you if it is his/her intent to live in the apartment. It seems most likely that this is the case because no one in their right mind would buy an entire apartment complex and want to evict everyone living there... CF I'd like to see some basis for this claim that the sale of the apartment, even if a single unit, can just terminate a lease in most cases. The tenant signed a lease that locked in a rental period and a rental rate. How would the landlord like it if the tenant decided to move early and just left? The landlord would be entitled to damages. In the same fashion, I don't know of anywhere that the landlord has the right to just sell an apartment and the tenant must go, unless that is spelled out in the lease. And if it were spelled out, then the tenant could take that into consideration when deciding how much rent the place is worth and whether they want to live there. Not making that clear upfront and then pulling this crap is extremely unfair. IMO, the tenant is in a very good position. I seriously doubt they can be forced out. And even if they can, it could take a hell of a long process to do it. Someone suggested asking for the cost of a moving truck to leave early. I'd start by asking for a hell of a lot more than that. Think the new owner wants to close on a building with a squatter? I'd say asking for 3 months rent and settling for 2 would be fair. |
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#20
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
wrote: Sometimes the tenant can be evicted if the unit will be for the new owner's use. Why should a tenant have any rights? The tenant has rights for the simple reason that they signed a contract with the landlord. Just like any other contract, both parties are bound by that contract. Neither one can just breech it. Would it be fair to the landlord if the tenant just walked in one day and said I'm taking a new job in a new city next month, so the lease is over? In that situation, the landlord would be entitled to damages. Likewise, the landlord can't terminate the lease just because he decides he wants to sell the place. They signed a lease with the old owner. New owners should not be encumbered with a tenant. BS. The lease is a binding contract that goes with the property. I suppose you think the new owner should not be bound by an easement the former property owner agreed to either. Don't believe me, here read this: Renting and The Law: Tenants' lease outlasts any sale of their building Q My son and two partners bought a home. He lives there with three renters who have a lease through Aug. 30. The partners want to sell this spring. How does this affect the leasing agreement with the three renters? With proper notice, can you shorten the lease? Kelly Klein Last update: January 21, 2006 - 1:07 PM Printer friendly E-mail this story Homes: Rent Renting And The Law: Tenant must give proper notice even without lease Lease terms determine legality of rent increase Renting and The Law: How to gain approval of resistant roommates? Renting and The Law: Landlord has three weeks to enumerate damage Renting and The Law: Even if the flat is a dump, you still shouldn't jump Q My son and two partners bought a home. He lives there with three renters who have a lease through Aug. 30. The partners want to sell this spring. How does this affect the leasing agreement with the three renters? With proper notice, can you shorten the lease? A A prospective buyer takes the property "subject" to the leases. This means that if the house is sold during the tenants' lease term, the tenants have the right to rent the house from the new owner until their lease expires. The partners who own the house cannot shorten the tenants' lease agreement just because they want to sell the house. Or how about this: http://www.ptla.org/ptlasite/cliented/tenants9.htm Sale of Your Building What happens if my landlord sells my building? The sale of your building may affect your rights. If you have a lease, you probably have the right to stay until the end of your lease term. Read your lease to see if it says anything different. If your lease term is for more than 2 years, you should record your lease in your county Registry of Deeds before the sale, to help protect your lease rights. This rule also applies if you have a long term lease with no specific ending date. |
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#21
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Is the new Landlord responsible for the terms of lease when s/he buys a leased property?
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