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 ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Sep 14th, 2009, 08:14 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Confused 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
  Reply With Quote
Sponsored Links
International Law Issues?
Old Sep 14th, 2009, 09:20 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Is landlord breaking lease when selling house?

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.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 15th, 2009, 11:30 AM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Is landlord breaking lease when selling house?

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?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 15th, 2009, 01:32 PM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Is landlord breaking lease when selling house?

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.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 15th, 2009, 01:36 PM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Is landlord breaking lease when selling house?

Thank you...I'm on it.
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 4 replies and has been viewed 6590 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Landlord selling house... I do not want random people walking through the house melann Landlord vs Tenant Issues 16 May 31st, 2013 05:19 PM
Landlord is selling property. Can we get out of Lease? Unregistered Landlord vs Tenant Issues 4 Aug 17th, 2010 12:12 PM
California - Landlord Selling - Changes to the lease? Unregistered Landlord vs Tenant Issues 1 May 14th, 2010 06:09 PM
Landlord Selling House Without Tenants Knowledge Unregistered Landlord vs Tenant Issues 3 Feb 11th, 2009 03:57 PM
Landlord breaking lease: Does the realtor have to pay me for breaking the lease? nita Landlord vs Tenant Issues 1 Aug 9th, 2008 11:10 AM


International Law Issues?


All times are GMT -5. The time now is 12:34 PM.