Can Landlord terminate lease? We signed a 1yr lease.

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Old Sep 29th, 2008, 05:12 PM   #1
Amanda and Kelly
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Confused Can Landlord terminate lease? We signed a 1yr lease.

Hello all!

We moved into this home at the beginning of the month. Our Landlord has already called us telling us that she want's to sell her home. We signed a 1yr lease. Can she do this? And what can we get compensated for if we have to move after just moving in! Or her wanting to show the house, we are living in with all our belongings?

Anyone?

Thanks!
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Old Sep 30th, 2008, 08:52 AM   #2
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Default re: Can Landlord terminate lease? We signed a 1yr lease.

Why would you need to move? A lease survives a sale. It merely transfers to the new owner. You would just get a new LL under the same terms and conditions as the original lease. You would not need to sign a new lease. Only a foreclosure terminates a lease. Since the lease survives a sale intact, there is no restriction on the LL's ability to sell the property. You have nothing to worry about. You can stay until the lease ends.

As for the inconvenince of the showings, you may be worried about nothing. Many houses are on the market right now. Few are even being shown. The market is so bad and lenders aren't giving mortgages except to the rare excellent credit score. Not many people want to buy a tenant occupied house. The house across the street from me has been on the market for 2 months now. There hasn't been even one showing of it yet. You may have few inconveniences from this. Does your lease state that you will cooperate with showings to prosepctive new tenants or purchasers? My personal suggestion is that you do cooperate. A new owner will have to honor your lease. If the owner cannot sell it and it goes to foreclosure, the lease will not survive. If that happens, you would have no choice but to move.

It is common to be worried about showings in your house. Just keep the house reasonably clean and put your valuables away when the showings occur. Let the LL know that you need 24 hours prior notice before a showing so you can "get the house in shape". This will encourage her to give prior notice. Insist that the agent or owner always accompany buyers through the house. And ask that no lock box be placed on the property. Good luck.
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Old Apr 6th, 2009, 05:22 PM   #3
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Default re: Can Landlord terminate lease? We signed a 1yr lease.

ok me and my girlfriend just moved into this house and signed a year lease in nov.08. well 3 weeks ago we got a letter saying we have to be out by jun1 09 beacuse he lost his job and has to sell the house. well i talked to him last week and found out he didnt lose his job just shorted his hours and he said he never wanted to rent in the first place but still wants to sell. in our lease i does say he can terminate the lease if he gives us a months notice. do we have any rights to stay until our lease is up or do we have to be out by the 1st of jun?...thanks
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Old Apr 7th, 2009, 09:42 AM   #4
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Default re: Can Landlord terminate lease? We signed a 1yr lease.

A lease cannot have a unilateral termination clause for the LL only. If the LL has the right to terminate with a month's notice, a court would either rule that it was invalid, or more likely, that you also have the right to terminate with a month's notice. If this was the case, you do not have a one year term lease, but a month to month agreement that can be terminated by either party with 30 days notice. Inform the LL that the lease cannot have a one way termination clause. Either he rescinds this clause, or you have a month to month agreement instead of a lease. Do this in writing, sent by certified mail, and keep a copy. See what he says.

You have 2 options. Move out, but only if you get a written statement from the LL that he is releasing you from the obligations of your lease and has requested you move out. Or sit tight and refuse to move since you have a signed lease. He will probably file for eviction and you can make your case in front of the judge that he cannot decide when he wants to terminate a one year lease.

You could explain to the LL that he cannot put a one way termination clause in there. (He can't be a professional LL or he would know this.) You could request to be reimbursed for moving expenses, but don't count on him agreeing to this. If a judge agrees that it is a term lease, his evistion will be denied and you would be allowed to stay to the end of your lease.
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Old Jan 11th, 2012, 10:38 PM   #5
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Angry re: Can Landlord terminate lease? We signed a 1yr lease.

I'm the LL in this case but I would like to terminate my 1 year lease because I'm a student as well and I would like my enjoyment of quietness and the lessee that I have is constantly loud and I can't concentrate especially at night he plays video games or plays loud music with excessive amount of bass and loud phone coversations so I can't sleep...when I tell him to turn it down, he only turns it down like 1-2 notches and it barely makes any difference at all...also he constantly keeps bringing his girlfriend over which in terms of contract he can bring someone over within reasonable amount and this infuriates me because she doesn't pay rent to live in my house. It's fine if it is within reasonable amount but it's not but when I tell him that he keeps telling me "well I think it's reasonable for me to spend time with my girlfriend" and I say I don't give a crap, because he can go to her house no matter how far it is or pay rent for her as well. But anyways my main point is can I terminate my 1 year contract with him?
Thanks in advance
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Old Jan 12th, 2012, 04:12 AM   #6
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Default re: Can Landlord terminate lease? We signed a 1yr lease.

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ok me and my girlfriend just moved into this house and signed a year lease in nov.08. well 3 weeks ago we got a letter saying we have to be out by jun1 09 beacuse he lost his job and has to sell the house. well i talked to him last week and found out he didnt lose his job just shorted his hours and he said he never wanted to rent in the first place but still wants to sell. in our lease i does say he can terminate the lease if he gives us a months notice. do we have any rights to stay until our lease is up or do we have to be out by the 1st of jun?...thanks
If your lease says the LL can terminate the lease if he gives you a month's notice, and you signed it, it is a legally binding contract so yes, you have to be out by the first of June (June 1 09 ?? Are you serious? 09?? was that a typing error) unless local laws preclude this.
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Old Jan 12th, 2012, 04:17 AM   #7
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Default re: Can Landlord terminate lease? We signed a 1yr lease.

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I'm the LL in this case but I would like to terminate my 1 year lease because I'm a student as well and I would like my enjoyment of quietness and the lessee that I have is constantly loud and I can't concentrate especially at night he plays video games or plays loud music with excessive amount of bass and loud phone coversations so I can't sleep...when I tell him to turn it down, he only turns it down like 1-2 notches and it barely makes any difference at all...also he constantly keeps bringing his girlfriend over which in terms of contract he can bring someone over within reasonable amount and this infuriates me because she doesn't pay rent to live in my house. It's fine if it is within reasonable amount but it's not but when I tell him that he keeps telling me "well I think it's reasonable for me to spend time with my girlfriend" and I say I don't give a crap, because he can go to her house no matter how far it is or pay rent for her as well. But anyways my main point is can I terminate my 1 year contract with him?
Thanks in advance
If you have something about quiet enjoyment embedded into your lease, and the tenant continues to ignore that, you may serve with a Cure or Quit notice. If the situation is not cured, you may want to serve a notice of termination. BEFORE you do that, however, start documenting this noise problem with the police so they'll have a record of it. Make sure the police do a housecall to the tenant whenever the noise is loud. Phone conversations, well, you won't be able to do much about that. Make sure you know the city ordinance about noise--usually it's noise after 10:00 pm and before 6:00 am, but that varies throughout the country and city.

A problem you have is that your lease did not specify what a "reasonable amount" means, so figure the tenant's GF will continue to come over and stay for days at a time and you can do nothing about it because it wasn't addressed in your lease. If she moves in, however, you have a few options but they'll cost you money and time and trouble.
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Old Feb 21st, 2012, 12:45 PM   #8
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Default Re: Can Landlord terminate lease? We signed a 1yr lease.

Can a landlord that issued a year lease turn around and cancel the year lease and make you sign a month to month? Thanks in advance!
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