Is landlord breaking lease when selling house?
This is a discussion on Is landlord breaking lease when selling house? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am 4 months into a 12 month lease, my landlord called me on September 6 and told me she ...
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#1 |
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Is landlord breaking lease when selling house?
I am 4 months into a 12 month lease, my landlord called me on September 6 and told me she was listing the house. She listed it on September 7th, then was very rude and forceful for me to meet with the realtor so he can enter the property to take photos. On September 13th she phoned me at 10am and told me "A" prospective buyer would be at my home at 11:30am, I told her that wasn't a good time and that I wanted to be present when pepole were entering my home, I scheduled for 3PM. Between 3PM - 4:15PM 6 realtors showed up at the home to show it.
Is the landlords decision of selling the house during my lease considered her breaking the lease? She specifically state in my lease that "In the event that the property is sold, the lease/rental agreement between landlord and tenant is canceled on the date the new owner take possession of property". Do I not have any rights to look for a new place or do I have to sit around being obligated to this lease? Thank you |
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#2 |
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That clause cannot be enforced. If the house is sold, the new owner must honor your lease until it ends. They become your new LL. And since you had a heads up that the house might be sold by that lease clause, you shouldn't be surprised that the house went up for sale. They are not breaking the lease by putting it up for sale.
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#3 |
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Thank you for your reply. So I should get legal representation because I spoke to the LL yesterday and she said that she wants to terminate the lease effective November 1st because they have a really good prospect buyer on her short sale. I can fight her and stay for the length of my lease? Also I know on a short sale she has to be at least one month behind on paying the lender so of course she is pocketing my rent money, she is demanding I pay Octobers rent and vacate November 1st, because of the clause. What do you think?
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#4 |
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I'd pay the next month's rent (which you owe if you are living there). Her status on her mortgage makes no difference in your rent payments. I'd tell her you have no intention of leaving. That clause makes you give up your right to occupy the unit despite a signed lease. Most states have laws that say a lease may not force either side to give up their rights. Then seek a consult with an attorney to enforce the matter to be sure you can stay.
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#5 |
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Thank you...I'm on it.
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| Thread | Thread Starter | Forum | Replies | Last Post |
| Landlord Breaking Lease.... | Unregistered | Landlord vs Tenant Issues | 4 | Jul 31st, 2009 11:58 AM |
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| Landlord breaking lease | Unregistered | Landlord vs Tenant Issues | 1 | Aug 20th, 2008 06:23 PM |
| landlord breaking lease | nita | Landlord vs Tenant Issues | 1 | Aug 9th, 2008 11:10 AM |
| Breaking Lease on House Rental In Florida | Kotamine | Landlord vs Tenant Issues | 3 | Jul 21st, 2008 08:14 PM |
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Is landlord breaking lease when selling house?







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