Question: I just found out my landlord is selling my rental house – what does this mean for my housing situation?
Answer: If you rent a home and you discover your landlord is selling the property, don’t start panicking (or packing) just yet. If you signed a lease agreement, your current and future landlord will have to honor the terms.
Term Lease Agreement
A term lease agreement is a housing agreement between landlord and tenant for a designated amount of time, typically 6-months to one year. If you learn about the sale of your rental property, and you still have a few months left on your lease agreement, your new landlord will not be able to kick you out.
When a buyer purchases a renter-occupied home, he must agree to take over the lease and honor the terms the tenant signed. A buyer can ask the renter to sign a new lease with him, but technically the tenant does not have to.
Exceptions to Honoring a Term Lease
The only exception would be if your lease agreement has special conditions regarding a property sale. If your state allows it, your lease could contain language that says something along the lines of, “in the event of the sale, the current lease agreement will be void once a new owner takes over the property”. While it is possible that your lease could have this type of property sale clause, they are not very common.
Another exception would be if you and your landlord mutually agree to end the lease agreement, and you agree to move out on a designated date. In these cases, the tenant can have some leverage to ask for relocation fees from the landlord, since you are doing them a favor by moving out.
Month-to-Month Lease Agreements
If your current lease agreement is a month-to-month tenancy, you have less security when it comes to staying at the property during a sale.
If your landlord wants you to move out prior to an official sale, he merely has to provide you with proper notice to end tenancy and move out on a specified date. Most states require a landlord to give a tenant anywhere from 30-60 notice informing a tenant that tenancy will end and they need to move out. Some cities have even more lenient timelines, for example, landlords in Portland, OR, must give their tenants 90-days notice to vacate.
Remember, these notices to vacate are not evictions. They are friendly terms of ending a rental tenancy with your current landlord. While it can be shocking to learn you have to move, that is one of the realities of being a renter, your landlord can choose to sell his rental property at any time.
How to Handle the Sale Process
Talk to your landlord. Hopefully, your landlord will be upfront about his intentions to sell the property and keep you informed as to whether he hopes to sell to another investor who will keep the property as a rental. He could be selling the property for any number of reasons, and the more friendly you are during the process, the more likely he will be to encourage the new buyer to keep you as a long-term tenant.
Working with a Real Estate Agent
A potentially frustrating part of living in a rental that is in the process of being sold is dealing with showings, inspections, and any property upgrades seller decides to complete the sale. These types of typical selling activities can be a huge disruption to a renter who wants to live in peace.
A lot of tenants feel uncomfortable with the idea of strangers constantly coming through their homes during open houses and showings. Unfortunately, there is little a tenant can do to complain about this part of the process. Your landlord must give you 24 hours notice (or whatever the notice requirement for your state is) before a real estate agent, inspector, or anyone shows up and enters your property – but he does not have to accommodate your request to always be present during these events. Try to work with your landlord to come up with a solution where you feel comfortable and your landlord is still able to sell his home. Remember the more accommodating you are during the sale process, the faster it could be sold and this whole ordeal will be over.
It is not acceptable for a real estate agent to just show up and enter the property unannounced. They must provide advanced noticed according to your state laws for entering the property. If this keeps happening, you need to speak with your landlord so he can relay the laws to the agent who may be unaware. Here are some tips for agents about the Best Practices for Selling Renter-Occupied Homes.
This article was originally published in June 2017 and has since been updated.
My wife and I were just informed by the landlord that they intend to sell and that they will not be extending our lease which expires 12/31. We have found a new place that is available but our current landlord won’t let us break the lease early in order to move into the new place. Is there any legal grounds that would allow us to move early without penalty? We don’t want to be moving through the holidays if we can do anything about it. Thank you for any advice!
Hi Nick,
Most states will not let a tenant break the lease early if the property is being sold. The buyer will have to honor the current lease terms but does not need to extend the lease agreement once it expires. It totally sucks that your current landlord is not being reasonable about helping accommodate your situation so you can move out and make the holidays easier. I would just try to keep reasoning with your landlord and remind them of the benefits of showing an empty home, vs a renter-occupied home.
Alternatively, how do you know that the new buyer will not want to rent out the house? You could be able to rent your current home with a new lease agreement with the new owners?
I know this is old news but I read this and I thought that sucks. I hope things worked well for you. Some people just are not nice. I am convinced it is because of mean people we have over 60,000 laws in this country. Peace Out.
You have a point there. I’d have thought we had way more laws than that. lol.
My landlord is selling her condo,but before she put it on the market she revised my lease for 2 and a half years and my rent to stay the same,if the new owner wants me out do they have to buy out my lease?
A lease is a binding contract that follows to the new owner. If that lease has a termination clause regarding the transfer of ownership then the new owner may have the right to ask you to move. Either way, the new owner isn’t obligated to buy out a lease but may offer some sort of incentive for you to move.
I have been living at my home, for 21 years. My lease is over in oct, and my landlord has given us 5 months till the end of the lease to get out. He won’t give me any extra time. He wants to sell the house, and get top dollar for it. He wants the house empty so he can gut it, and make it perfect for a high selling price. He doesn’t know, if the person who ends up buying it, will want to rent it, and there’s nothing we can do about it. I love my home, and have been a great tenant for 21 years. I thought I would rent this and be here, until I died.
Well I guess you should have bought the home yourself, then. It’s HIS home because HE invested in it. Get out.
I gives my roommate 6 month notice that am moving out on the 3 of a new month must I pays the whole month rent
My boss man is the owner of this property where I live and I managed this property for 14 years this place will be sold in 2 years he’s got to get me something so I can live on because he doesn’t pay me the way he’s supposed to pay me all I get is 10% of the rent if I have three apartments rented is only $30 a month
Obviously your going to need a new job, that pays you enough money to get another apt. It sounds like to me, that you are living rent free, as you take care of his property, and anytime you get someone to rent, you get $10 for each place. I would love a situation like that, and I am sure you loved it too, but if he’s selling, then he is no longer going to be your boss man, and you no longer will take care of his properties, since they no longer will be his properties. Quit on him, ASAP, before he sells your place, or you won’t be able to get another job, so you can afford a roof over your head. It sucks. I know that. I have been living in my apt, for 21 years, and now my landlord is selling, so he won’t be renewing my lease in oct. at the end of sept. Will be the last time I am here. It’s very stressful trying to find another place, that I can afford, and these days, they want, first, last months rent, and security. Plus I have to come up with money for movers I am pretty devasted myself. The questions they ask a new tenant, is very invasive too, and you need to have good credit, but I don’t. What the hell does credit have to do with anything? I never went through that before. As long as you can pay your rent, and your not a sex effender, or murderer, then what the hell is the problem with landlords these days. They want to take your blood from you.
Hi Kaycee, I know this is an old post, however I live I the state of ohio. My landlord has terminated the lease and asked that we vacate in 60 days. I am curious if we still have to comply with the showings up till that date.
Hi Billie, thanks for that great question. Yes, it’s true that with proper notice the landlord has a right to enter to show the unit.
What if tenant is afraid of Covid and people in her apt/ my landlord is not renewing my lease in nyc because he wants to sell. He wants me to let agents and prospective buyers in. I was hoping to renew. Also I have a dog
I know it can be scary allowing others in during these uncertain times. Unfortunately, the landlord does have the right to allow the unit to be shown with proper notice. You could ask your landlord if you can be a part of the scheduling to make sure your dog is secure. If that isn’t possible, you might want to consider a doggy daycare or have a friend watch them when you are not home. This article on How to Prep for a Maintenance Visit During COVID might help you with cleaning and safety tips for those showings.
Hello! My father is in a month to month rental in California and the house is selling. Does the moratorium that governor newsom extended until June, apply to folks who are not being evicted but who are being asked to move during the pandemic?
Thanks
Hi Solange, the moratorium is in place to protect renters from being eviction based on unpaid rental debt directly caused by COVID-19 circumstances. Unfortunately, it does not cover evictions based on other lease violations nor home sales. If your father was on a term lease, that lease would transfer to the new owner unless the lease had conditions stating otherwise. However, a month-to-month tenancy does not transfer to the new owner. I know these are difficult times and I hope the best for your father’s search for new housing.
HI Heather,,, same situation, I have been served evacuation notice as requirement of offer to purchase the property. I have 90 days, Now the realtor is saying she wants to show the unit again. It seems if I have been given notice of evacuation and my landlord is in negotiation for selling property that I would not have to show my unit to more potential buyers. This feels like being yanked but chains in different directions.. what are my rights.? thank you
I understand it is frustrating. However, it is common practice for a real estate agent to show and take additional offers. The first offer is the primary and additional offers are secondary offers in place in the event the primary offer doesn’t close. There are many reasons why a primary offer might fall through in which case the next offer becomes primary, and the cycle continues until the close of a successful escrow.
Hi, New Jersey here. My lease ends in December 2021, and has offered to provide moving incentive to leave sooner so they can sell the unit. How much should they be offering? Thank you for advising!
Was owner financing home for 89,000. Katrina came, 10ft water lost everything. Was under impression was insured for next 2 months. Then we pay ins. Insurance lapsed. Man gave us house just buy land. Put deed in our name we paid every month. The he ask us to sign property back to him and pay nothing. Get credit straight and pay me 36,000 for the land one day. Verbal agreement. Well lets us know verbal pay or I sell month later, sold house never said a word to us. We put 70,000 of our own money into home. Know he sold house for more than 36,000. So he gets all the proffet on a home that he was going to bulldoze.. that I scrubbed every stud taped and puddyi⁹ed .lived in home 20 years. Man that bought house is sueing us because he didn’t give us permission to live here. And we havent paid him. Louse everting us .5 ton ac new windows doors insulation. Had none. New electrical
My mom just bought a house with a close date of coming Feb 1. However, the seller has rented the house for the months of March and April to some tenant. The listing agent said that that rental contract has to be honored. BUT they are also getting a commission of $800 a month for that rental. If my mom calls the tenant and the tenant agrees to cancel, tocan the contract be canceled?
Joe, I would typically say the new owner and new tenant can agree to void the contract, but your mom’s situation is more complex with the added listing agent involvement and commission. I would first suggest reading the lease agreement to see if there is anything about the transfer or sale of the home and payment of a commission. Secondly, I would suggest calling the state real estate board to discuss the entire scenario. They might be able to sort out if the listing agent commission is mandatory even if the tenant doesn’t move in, who pays it (the seller or buyer), and can give the best information on what rights your mom has come Feb 1st.
Okay I have been on housing with my uncle fro 11 years and we over paid the landlords 150 for over 2 years and when the housing became aware of the over site rather than repay my Uncle and I the over payment amounts they sent the landlords the thousandths of dollars over payment in a lump sum of future rents without our knowledge or agreements of course??????The landlord had us sign a 1 year lease but the addendum attached from housing requires they honor that lease until 11/2022 so she is selling the property she says….we can stay here until 1/ for the rent amount in the contract correct? Also how can housing send the refund of monies we paid in over payment for over two years to the landlords all in a lump some for “future” rents as a resolution?
Yes they had to ours(2018) I even took them before a court. I had a years left because I just signed a new one. They tried to bully me and it didn’t work
(In Ga)
Just bought a co do in Las Vegas the sell kept the
Tenant security deposit for non payment of rent
Escrow closed and seller kept the security deposit
Instead of leaving it in escrow for a he new buyer
Who does the new buyer collect from if tenant
Can’t prove she paid her rent to the seller
we just found out my landlord is selling our house and wants us to move our by aug 31 we have a one year old daugther we have no where to go i dont even know what tpo do any more. we been looking for different houses and still no luck with anything. what happens if we do not move. i been putting all our money away this is so stressful.
What if they don’t let you know what’s going on and keep you wondering
If you have an active fixed-term lease and a current landlord is asking you to move so they can sell the property, check with you local housing authority as in most cases, your lease transfers to the new owner. In which case, other than getting contacted to let potential buyers see the property and a welcome letter from the new owner, it’s not likely you’ll receive any updates or other notification.
However, if you do not have a lease (meaning you have a month-to-month agreement), with proper amount of notice the landlord can ask you to move in a certain number of days (typically 30 days) or before the home is sold. Selling a home can take awhile as a buyer needs to be found, property needs inspections, escrow is about 30 days or more, etc… If you have been given notice, it’s best not to wait too long to find new housing to avoid the eviction process.
I live in California My lease is up for house I have rented for 6 years. The owner is going to renovate so will not renew my lease.
My property manager that manages the property is a real crooked, shady manager.
I don’t want issues when I move, but his reviews state he keeps peoples deposits with hog wash claims, I have been a renter my whole life and have always gotten my deposits back.
If a renovation will take place after I move, my question is what are my cleaning responsibilities, broom clean or the usual grueling top to bottom clean?
Just want to know so he doesn’t try and mess with me.
Hi Stephanie, that is tricky since you’ve found unfavorable reviews on the topic. I would recommend leaving the rental in the condition stipulated by your lease so that you are protected unless they give you permission to leave it as-is in writing.
My wife and I live in an apartment that has been sold. The realtor added a clause before our original signing while we were out of the country getting married that says we must vacate 90 days after notice from our landlord that it has been sold, but in the email, mentioned we have ‘up to 90 days’.
The building was apparently sold before we even signed the lease according to a realtor neighbor, but the landlord has only mentioned it was sold this week (just 3 months after moving in) so we are preparing to move in the next 30 days to rid ourselves of this place. However, the lease agreement is vague in that it says we need to vacate in 90 days, so the landlord is saying we need to stay the full 90 days when the email from the realtor clarified that we have ‘up to 90 days’ to vacate. To clarify, the realtor was the one who drafted the lease agreement.
My question is, do we have any legal ground to get out of this lease as soon as possible rather than wait the full 90 days like the landlord is insisting? The landlord is well known in the area for being terrible and trying to sue for everything. Ex: sue the neighborhood for trying to remove their vehicle from a no parking zone, planting her own trees in a common area and threatening to sue for damage if they were to be removed…
I suspect the landlord only rented out the apartment because they wanted a few months of rent between selling the apartment and closing.
Check your state laws. Some state’s allow renters to break the lease once a property has been sold. Other states do not have statutes about renter’s rights when a property sells. I don’t think it matters who drafted the lease agreement, if you signed it and the landlord signed it.
So I am a little late on this article but i came across it when i was researching about a situation my Mother is in. Long story short, My Mother had a crappy Landlord and didnt notify her of selling the duplex she rents. Although the new landlord is honoring the agreement on the lease, Her old landlord that no longer owns the duplex is asking for the full rent from her when the duplex was signed over on Dec 10 (her due date is on Dec 1). Is she required to pay for the full month? She did send a check to him but once the new landlord called she stopped the check from going through. Would the month of DEC go to the new landlord or the old one or does he have to pro rate and pay the remainder to the new landlord. She also gave first last months rent when she moved in 12 years ago along with a security deposit. Its a mess and hope i get a response as i want to help her a ton. This is in FL. Thank you for your time!
So you might have to look up specific laws for Florida, as each state has their own laws and codes. Here is what I how understand the situation. The old landlord should provide the last months rent and the security deposit to the new landlord or give it back to your mom and then she would pay a new security deposit to the new landlord. There should be absolutely no circumstance where the old landlord would keep the security deposit and last months rent, unless your mom owes unpaid rent or other fees to the old landlord. Do you have any records of the payment your mom made for the security deposit or last months rent?
For December rent, I would think that your mom would pay a prorated rent amount for Dec 1-Dec 10 to the old landlord and then a prorated rent amount for Dec 11-Dec 31 to the new landlord. Either way, she needs to get something in writing from the new landlord about what the rent payment agreement is for that first transition month.
I was evicted yesterday because land lord sold house he and his lawyer say I have 14 days to get out.never bn late on my rent .but of course I live in alabama.what to do.i dont think I can move everything in 14 days
Help
That sounds very stressful, Elizabeth. If you are on a fixed-term lease, typically that lease transfers to the new owner but if you are on a month-to-month agreement or there are any lease violations, the current landlord is at liberty to ask you to move with notice. How much notice depends on the circumstances, type of notification, and state and local laws. I can’t offer legal advice but would highly recommend you contact your local court system AND housing authority as soon as possible to find out your rights and responsibilities regarding the notice you received or you may lose the opportunity to contest it. Wishing you all the best.
Hello my owner just informed me of putting my apartment on the market. I hope the new owner will allow me to stay! My lease is up for renewal and I will sign an agreement to vacate after 60 days! ( not a problem)
My question is when does the 60 days begin? At closing or just when they get a deposit. I actually am very friendly with my owner and don’t want them to get screwed because as soon as the clock starts I will get another apartment. Seeing my own boss go through sales of properties falling flat because of many reasons I would think it would benefit my current owner to start the clock at closing!
Hi we just found out that the gentleman that rented us the house had no right to do so we have a 6 month signed lease the house was foreclosed on he told us not to worry about it now we have to move should he be responsible for the lease amount or anything
There’s a possibility you could have a legitimate case here. I would absolutely talk to a landlord-tenant attorney for their advice.
Is there any state law that requires a notice in advance before a landlord sells the property? I live in a rental house, and he just sold it to his son.
I am unfamiliar with any state laws that require an owner to provide advanced notice before a house is sold. You would be entitled to advanced warning if any conditions in the lease agreement are changing, like if the rent is increasing or if the new owner wants you to sign a new lease.
If you are on a term lease (like 6-months or a year) the new owner has to legally take over the lease and continue to uphold the lease agreement terms you agreed to. If you are a month-to-month tenant the new owner can change conditions of the lease if proper notice is given. The notice timeline depends on your state and local laws.
What is the timeline to get my deposit back from the owner who just sold the house I rent?
If the lease is transferring to the new owner you will not get your deposit back, the deposit will transfer to the new owner as well. If you are worried, ask your landlord for a written notice stating that the deposit you paid on xxx date is being transfer to the new owner and keep it for your records.
If you are moving out of the property because the property sold, you will recieve the deposit back based on your state laws. States typically require deposit refunds to be issued 10-40 days after you move out.
I am not moving. It is a month to month payment. No lease
My lease expired and I have no rental agreement what happens to my deposit? How do I safeguard myself from not being held responsible for damages the new owner may need to repair because the old owner did not repair damages because of acts of God or because of contracters error. For example there are windows that need repaired they do not open. The old owner came in to fix them and never finished them.Fences need repaired. Calking was not completed. I have a 2000$ deposit I have done no damage. I would like to negotiate on the deposit who do I do this with?
Do you have pictures or some other evidence of the move in condition that will protect your deposit with a new owner? I would ask the new owner to come over asap to conduct and inspection. It should be pretty obvious what was damage from lack of maitnenance from the previous owner, compared to tenant caused damage, vs. standard wear and tear.
Thsnk you,
I am at a stand still. Other then moral laws I can find know RCW or law that protects me. If you can find the RCW that states when a place is sold the deposit transfers to the new owner please point it out to me. Yes I have pictures. The new owner closes on April 3. I rented threw a property manager. The new owner is moving into the unit I live in. I recieved a notice to terminate tenancy from the property manager termination date April 30th 2018. From my understanding my deposit should transfer to the new owner. The new owner nor is the seller represented by the property manager I rented from. If I move out before 1 April can the property manager still hold me responsible for Aprils rent? If I do not move out and wait until the 3rd of the month to pay the rent who do I pay the rent for April to. The new owner or the property manager. I am looking at a loss of 3400$ if i do not find some way to protect myself. I was just informed by the property ma ager that I will be held responsible for Aprils rent and that they hold my deposit and that I will be charged for the changing of the locks and the cleaning of the carpet. There has to be some kind of law that protects me.
I lived with the boyfriend(owner of house) but has since died. I had t9 be his caretaker(unpaid) for five years that he was sick. Since he had no will, it went to his daughter. No they want the house sold. I have not received any papers from lawyer or courts. But they keep sending text messages that the house will be sold shortly. I have lived here for 14 years. I would want some kind of reimbursement for his care. I had no lease or paying* rent, as boyfriend did not want money. Does eviction moratorium stand in place. It’s until August 31.(New York). They were harassing me with text messages every other day. The house has many safety hazards. What is there to do?
The rental house we live was sold October 31-2017 wasn’t informed till November 3-2017 we already paid our rent to old landlord now new landlord said we own them rent for November. We have cancelled check from where old landlord cashed it November 8-2017 took receipt out to new landlord an show them told us we was responsible to get it back from old landlord. Try calling old landlord to ask about it he will not answer or call us back. Need help bad
It sounds like you already paid rent before you were informed of the change of ownership. If you can prove this, then a judge might side with you if the new owners try to take you to court for non-payment of rent. I would contact your local housing authority to get advice and help for your specific situation.
Thank you for sharing this information
I live in Wisconsin. When I moved in my rental property 8 years ago I signed a one year lease. I have never signed a lease after that. Now my landlord is selling the house. Seeing the lease I signed was for a year and I have not signed anything after that year was up, what are my options? I am going to move and not wait to see what happens with the new owner. Can I just leave anytime or do I have to give the landlord a 30 day notice?
Check your state laws, but most likely, your lease transferred to a month-to-month lease after the end of the first year. You need to check your state laws for how to end a month-to-month lease in Wisconsin. According to Nolo, it looks like you need to give 28 days notice to end a month-to-month tenancy. But you might be required to give it on the first of the month, with your last day being 28 days later. https://www.nolo.com/legal-encyclopedia/wisconsin-notice-requirements-terminate-month-month-tenancy.html
I would also check with your landlord. They might let you move out with less notice.
My landlord sold my rental 2 days after letting me know she was going to sell. It was sold to a person who is going to flip it. He paid cash for it. I still have a month on lease with old landlord. Will I have to move in a month, or can I fight for the 60 day notice they need to give for wanting me out?
The new landlord will assume the lease and will still need to give you proper notice to move out. If your state requires a 60 day notice to vacate, the new landlord will have to respect that law.
HI me and my kids and boyfriend just moved in a property in the end of feb 2018 we just found out that the landlord sold the house the rent is due and my arrangement with the other landlord is to pay the rent when i get paid but i didnt pay the rent because the old landlord said she gave them my deposit and when i told the new landlord that i couldnt pay the rent until nest week she told me i had 30 to move and that i want get my deposit back cause they going use for this month rent .. do i have the right to get my deposit back and do the new landlord have the right to evict me
She should give you a notice to cure or quit. Which gives you XX number of days to pay rent before she can move forward with an eviction. If you pay the rent, then she can still ask you to vacate without cause (the standard 30 day notice) and you would be able to get your deposit back, since you are current on rent.
If you don’t pay rent, your landlord can use your deposit to cover any unpaid rent charges. And if you don’t pay rent on the day the lease says, your landlord can move forward with a pay rent or quit notice. The new landlord doesn’t have to honor any verbal agreements you had with the old landlord. I would get any arrangements in writing.
ok so do i pay the new landlord or old landlord ? and can the old Landlord take my deposit ? and can the new landlord evict me
The old landlord should have transferred the deposit to the new landlord. And it would make sense to pay the new landlord if he currently owns the house and was the one issuing the notice. I would try to have a productive conversation with the new landlord asking to straighten the situation out and start the relationship off on good communication. You definitely need to talk to the new landlord before paying any money though, so you know your funds are going to the right person. Also ask what is happening with your current lease agreement. The new landlord should take over all terms of the current lease.
Our landlord has decided to sell and though our lease requires 24 hours notice for entry she has instructed her realtor to ignore it. Showings have been regular almost daily and with little notice. We asked her to consider allowing us to leave the lease 30 days early so that she could properly prepare the home for sale and we wouldn’t have to subject our family to all that comes along with the sale of a home. She was not willing to make that accommodation because she stated sh needed our money for her mortgage payment. She has also decided to move forward with trying to “stage” clean, paint, etc. while we still hold the lease until the end of June. She knows we have made a home purchase of our own so she considers feels that even though we technically have a valid lease to the end of June she feels we shouldn’t be there so that she can make the property as she wants for sale and have us pay for things that technically qualify as normal wear and tear..for example my teenage daughter used small thumbtacks to hang a poster, the holes are barely viewable and are barely more than the length of a car key ( there is nothing in the lease that says we cannot hang anything but we have avoided it just in case, anyhow she had her property manager do a surprise inspection and is demanding we have a licensed professional paint the entire wall immediately. Things like this. We are at a loss and just by repeatedly asking for the notice in our lease she has dubbed us “problem tenants” and has become very hostile and forceful in her demands. We have been model tenants for 18 months (we were relocated from another state for my husband’s job) and are struggling with how to handle the onslaught of daily demands.
On no, this sounds terrible. From my understanding of typical rental laws, the owner MUST give you 24 hour notice before entering the home. You should document each instance in which she or her representative (ie realtor) have not given this notice. You do not need to return the property to move out condition mid-term. So it is not allowable for her to require you to paint the walls while you are still living there. I would talk with your local housing authority and even with a lawyer. An official letter from an attorney asking the owner to uphold the condition of the lease and respect your state’s housing laws can be very powerful and can help you live out the remaining lease term in peace.
hi i live in an apartment. the landlord sold to a new company. when i completed the estoppel form i wrote that i will finish my contract when the apartment be sold. now, the new landlord does not recognize what i signed in that estoppel form. have i to continue the contract with a new landlord if i never signed a lease with them ? can i be obligated ?
When a rental property is sold, the lease agreement typically gets transferred to the new owner and the tenant is required to fulfill the lease term with the new owner.
my lease says I must give 60 days notice to my landlord upon expiration of my lease if I wish to vacate the apt. If notice is not given the lease will automatically renew for another year. my landlord is selling the property. when its sold can he terminate our lease/
The new owner must uphold the current lease terms when he takes over ownership of the property. Can you both mutually agree to terminate the lease though.
Lease was assigned when rental property sold and security deposit transferred to new owner. Can new owner deduct from security deposit damages occurring before lease assigned?
I believe so.
A few years ago my landlady sold the building. The new landlord raised the rent $150 a month and then made us pay another $150 security (we already paid the amount to our old landlady but he wanted the extra $150. In other words, our rent was $700 a month, we had $700 for security, and when he raised the rent to $850, he wanted $850 security). I was told later that this is not legal…
Did you sign a new lease with the new landlord? And agree to the increased security deposit? That might make it legal. However, if the landlord raises the rent during a tenancy, it is not typical for the security deposit to also increase. Some lease agreement might say that a security deposit is subject to increase if pets or additional tenants are brought onto the property. It would be something stated in the lease though, that both parties agree to.
Yes, we signed a new lease, but that part wasn’t in there. They sent that out as a memo later. And we have no pets or additional people. Thanks.
Here’s a good resource about increasing the security deposit. https://www.onradpad.com/ask-radpad/can-a-landlord-ask-for-an-additional-security-deposit/. If the lease says the security deposit will be equal to one month’s rent, and the rent increased on the new lease you signed, then it sounds like you would also have to pay the increased security deposit difference. But a landlord cannot decide mid-term to increase the security deposit. You can always ask your landlord where in the lease it states that she is going to increase the security deposit.
We were on a 12 month lease. At 9 months the manager called and told us the owner was going to sell the house. We received a letter stating that owner would pay our 2500 deposit and addition 1000 if he got asking price or 500 if lower if we agreed to let the house be shown. We agreed. We had realtors coming every day sometimes two or three.. The house sold but it fell thru after about four weeks. About a month later it sold again and realtor assured us that this was a go. The manager gave us a 3 day notice and we signed an agreement with the owner that we did not need to pay the last months rent to help with moving. He would prorated it and subtract it from our deposit. That was fine. We moved out on the date specified. We waited 3 weeks for escrow to close and get our money. I never heard from anyone so I called real estate office and found out the escrow had fallen thru and house was back on the market. We had received a settlement statement just a few days before saying we would receive a check when escrow closed in a few days. The manager was just as surprised as I was. She called owner who now lives out of state. He says he can’t pay right away. I emailed him and offered to let him pay us in 3 monthly payments.. As of now he is ignoring our request to contact us. What can we do to collect? Can we file a lein on the house to be paid when sold? We really really counted on that money..we fully cooperated with him and the realtor at an inconvience to us. We are both in our 70s with 3 grandchildren to raise. What can we do?
Speak with your local housing authority who will be able to clarify rules and point you towards resources to help you in your situation. I would also speak with a local attorney who will be able to provide the best advice for moving forward with collecting from the owner.
It was a 30 day notice not 3.
HI, we currently have a tenant whose lease expires in September, we are looking to sell house. The tenant doesn’t want to move. In our lease it states
A. At the end of the Lease term, this Lease Agreement shall automatically continue for an additional Lease term until such time Landlord and/or Tenant provide a written notice of 60 days prior to the end of the Lease Agreement or Lease renewal period.
Can we sell as long as we provide 60 days notice of moveout?
The new owners will need to uphold the current lease conditions. Does the new lease become a month-to-month? Or is it a new year long lease? It sounds like the new owners would just need to honor the 60-day notice to vacate if they were to take over the lease. If you are unsure, you should ask an attorney familiar with landlord-tenant laws in your area.
Hi Kaycee,
Like the first comment. We began renting in Nov 17. Paid $1,000 for deposit. We decided not to purchase our rental, due to the age of the house, and it would cost more fixing the issues. We’re finding other cheaper properties on the market RIGHT now, which I explained to the LL. The LL is not trying to hear, or understand. So, the owner called me. She told me that if someone decides to purchase the home, while we’re still living in it, she’ll have the lease terminated. I understand if she let us go, she’d lose out on money. I feel like a puppet right now, because we can’t make a move until… My issue is, having potential buyers coming back almost every week day, and weekend. We’re busy parents, and have things scheduled during the week. What can we do about that?
Do you need to be present for the showings? Having realtors and buyers show up is a huge inconvenience for renters but is part of the process. Just remember that the realtors and your landlords still need to respect your state’s laws about giving proper notice before entering a property.
I am having to move because they are selling my house Im renting and have a month left on my lease Oct 3rd. I agreed to the showings but didnt want pictures of inside of my house on the website that has it for sale but they did anyway. Can I ask them to take them down. My lease is up Oct 3rd and landlord said he would give me 30 days from when it sells. Do I have 30 days from Sale date or 30 days from Oct 3rd. I think it will sell fast
I would ask for clarification about the 30 days notice from the landlord, and ask for it in writing. You can ask them to remove the interior photos per your agreement.
April 18th, My daughter signed a lease for $785 a month. Landlord sent an email agreeing to reduce to $745 because she signed early. May 31st she received an email that there were new owners. They emailed her a bill for $785 and will not acknowledge the earlier agreement for reduced rent. She is not the only college student having this problem with them. What can we do?
Since the agreement was made via email, that should count as written documentation to a reduce rental rate. You should speak with an attorney to get advice for paying the reduce rental amount to the new owners. What could happen is that your daughter pays the reduced amount, she gets a notice to cure or quit for failure to pay the full rental amount and has to go to court to prove her case. The email should count as proof for the reason she is paying a reduced amount, and hopefully the judge will side with her. However, you must decide if going to court is worth it. Your attorney should also be able to offer good communication and a legal letter to provide to the new owners requesting they uphold the current lease terms, and special arrangements, per state laws.
Thank you for your help. My daughter just called me because they have fleas now and she can’t sleep. One of her roommates was bitten.
Oh no! Fleas are the worst. Here’s an article with tips for dealing with a pest infestation at a rental https://www.rentecdirect.com/blog/tenant-tips-for-infestations/
Uurgggh. I got fleas at one point. I noticed bites on my legs and feet after I put a flea collar on my cat. I used diotomaceous earth and started getting the flea and tick treatment for my cat. Diotomaceous earth is supposed to be safe for pets. Also, vacuuming regularly is important. My vacuum had an issue with the belt so it wasn’t sucking stuff up like it should have been which didn’t help.
Thank you this article. I’m in the same boat. The house I am renting was sold and the new landlord just came over with a new lease that raises the rent and adds a $50 late fee past 5 days. I won’t be signing this lease and by reading this article I understand that my old lease is basically still in effect.
We signed our lease on July 20,18 and 3 months later found out our landlord is selling the house. We don’t want to move since we just moved in and just got settled. We got a 60 day notice to move. The lease agreement doesn’t say anything about the sell of the house an he never mentioned anything to us or the realtor until 2 days ago. What if the new landlord doesn’t want to keep renting to is? We have a 24 month lease so we still have one year and 7 months left.Help?
This doesn’t sound right. The new owner would have to uphold the conditions of the lease you signed and allow you to continue living on the property until the end date. Unless you mutually agree to end the lease early.
Just a update to my last comment. My new landlord sent my a email saying “Per law” they will honor our lease until July 2020. Once I stated I was getting my lawyer involved they changed their minds with the 60 day notice. Thank goodness
Thanks for your help
Glad to hear that everything worked out for you Michelle!
The home we rent was just recently sold. We have always just paid month to month. We’ve heard nothing from the new owner at this point don’t even know where to send rent or how much. Rent is due normally by the 5th so about 15 days from now. In general what rights do was renters have.
Can you ask the old owner where to send rent money or for contact information for the new owner? You could also try reaching out to the real estate agent who sold the house.
I signed a 4 year lease with my landlord 2 years ago. At year one, she decides to drop a bomb on me that she is selling and I explained to her that I did not sign a lengthy lease with her to be trying to sell it most of my time here. Question 1: It is the holidays, can I deny showing to have privacy during the holidays? Question 2: I don’t appreciate having people tromp through my sanctuary, can I end the lease based on what I feel is a violation of the contract? I realize feelings don’t play into this, business is business. What are my rights?
The new owners will have to uphold the conditions of the lease you signed with the original owner, so even if there are 3 years left on the lease, they will need to honor that agreement.
As long as the current owner and the realtor give you proper notice to enter the property, they are legally allowed to show the property. The time of year, and the fact that it is the holidays does not matter. Make sure to remind your landlord about your rights to notice before entry and that the realtor understands these rights too. You can suggest to the current owner that you would like to break the lease to make things easier for them to sell the property. But they do not have to legally uphold your request. If they start breaking the law by showing up unannounced, or if realtors or contractors enter without proper notice, then you might be able to break the lease.
I have been in the same rental for 5 years. Landlord advised he is selling. My lease expired during the selling process so I am now month to month. New owner has asked if I would like to stay and I said yes (I hate moving). Can new owner raise the rent without giving me any notice?
The new owner would still need to follow your state’s laws about providing proper notice before increasing the rent.
Aloha,
My situation is that I’m renting a house on a 2 year lease. My lease will be up end of Feb. 2019. My landlady text me beginning of Oct. that she is selling her house! She had promised in our prior convo’s that she wouldn’t sell until I was gone. I’ve been through this nightmare before and it’s not happening to me again (but it is!). She said give her “fair” notice when I find a new place. I’ll just add, we WERE friends, no more after this though.
My question is….for the showings (I know 48 hr notice in Hawaii) to what degree am I supposed to clean? She has me & wants me for instance…..scrubbing the driveway because leaves made it “dirty & stained”, sweeping fallen leaves daily (ridiculous!) she said it’s my responsibility! She also wants her house in “ship-shape” every time there is a showing.
I am beyond stressed out with these demands! I keep the house relatively clean. I don’t vacuum every day but it’s just me and it’s not that bad! I feel that ppl looking at a “lived in” home understand these things. My “ex-friend” aka landlady doesn’t even live on Maui! She lives in Oregon! I’ve been searching for new digs since I found out in Oct., it’s not easy here to find affordable and decent dwellings.
We have a standard Hawaii lease and I can only find a section that states my responsibilities are these:
*pg.15/16-TENANT OBLIGATIONS
Tenant Maintenance – Section 51. The tenant must keep the dwelling in a clean, fit
condition and must obey laws and regulations governing cleanliness, health and safety.
Such things include garbage disposal and proper use of appliances and plumbing.
Friends and family members are also bound under this section of the Code.
So I suppose I’ve answered my own question since there are no special conditions for how clean the home is during a sale. The above section would apply over all. Correct?
Confirmation please!!
Mahalo!
Lisa Lu
I want to ad to my above question that the TENANT OBLIGATION Section 51 I refer to is from Hawaii Landlord/Tenat Handbook not our actual lease….but it is similar wording.
This is the section SHE emailed to me about the leaf stains on drive way.
Again Mahalo.
It sounds like your landlord is being unreasonable. Continue to follow your state’s laws and uphold tenant maintenance responsibilities as outlined in the lease. Your landlord might get frustrated with you but it sounds like she should be hiring a groundskeeper or offering you cleaning service if she truly wanted the property to sparkle. I suggest keeping excellent notes and records of all interactions you’ve had with your landlord. I would also take pictures or a video of how clean the property is before a showing, just in case the landlord tries to take you to court (although, I am not sure on what grounds she could do so). Maybe send her a copy of this article https://magazine.realtor/for-brokers/network/article/2017/05/best-practices-for-selling-renter-occupied-homes
With this conflict might come the unfortunate reality of a poor reference from this landlord. I think the best way to handle this with your future landlord is to be upfront with them when looking for new housing. Let your prospective landlord know why you’re seeking housing and what a challenge your relationship with your current landlord has become. Your future landlord should understand that your current landlord probably wont be the best reference. Good luck!
Aloha Kaycee,
I want to say thanks for your reply. The article is quite interesting. I even emailed the link to my “lovely” landlord. Have not heard from her since, which is ok by me!
Thanks again.
I live in Colorado and rented a condo from a property management place. Condo was sold and proper notification was giving me, but they keep my deposit and change me more $ to replace carper and paint the condo, I know have a summons to appear in court is this proper? since the unit was sold and not rented? are we responsible to pay if unit was sold?
They would need to prove that the property was not returned in it’s pre-move in condition. It does not matter if the property is getting sold to a new owner or if it is getting rented to a new tenant.
I’m trying to sell my trailer that I live in in a mobile home park and my park manager just denied a lady for being approved for the park because she told the park manager when she was filling out the application that her son would be here doing work on the house and he told her that he would have to be put on the lease so she added him they did background check on both of them and found out that the sign had a felony seven years ago now he denied her for being approved in my park and I can’t sell my house to her now my question is is can I fight this because I think it’s wrong because the sons not even going to live in this place why should he have to be on the lease
My sister is renting a codo that was recently sold. The current landlord gave her a 60 day notice to vacate the premises. The new owner wants to come into the condo to measure for new carpet. Does my sister have to allow him to come in? The new owner purchased the condo for his personal residence, not as a rental. Does this make a difference as far as allowing the new owner to come onto the property?
If the sale went through and the title has been exchanged, then the new owner is considered the current “landlord” of the property. So yes, your sister would need to allow the new owner to come into the property for whatever reason, as long as proper notice to enter the premise has been given. If the new owner will not assume ownership of the property for 60 days, then the old landlord would still be the main point of contact. The old landlord would need to give you notice that the future owner will be coming over to take measurements of the property.
Thank you for this article, Kaycee! Our landlady and her husband just sold the house we’ve been renting for over 10 years. It was very sudden. They first told us they were going to fix the (many) things that are in disrepair, but then they said they were selling and gave us just over 30 days to move (they told us on Jan 23). Turns out that in Georgia, they’re required to give us 60 days notice (OCGA 44-7-7). Within 3 days of informing us of their intention to sell, they had an offer and an inspection (I think they already had an investor lined up). Since we only just discovered that they should have given more notice, what should our next move be? We thought we’d had a good relationship with these folks, but we feel violated and disrespected by the way this has been handled. We’re not sure whether we should insist on staying the 60 days while we try to purchase our own home or ask to only pay half this month’s rent and still try to move out on the date they indicated (March 1, 2019)?
Also, what is the protocol with our security deposit? Since they sold the home VERY cheap and to an investor (the home already had myriad serious issues), can we expect our entire security to be returned to us? Again, we’ve lived in the home for over 10 years, with our 3 kids, so carpets need replacing, paint is needed, etc. However, since this home will go to an investor, our landlady will not be doing any of this on her dime. So it seems to me as though our security should be returned. Am I wrong?
Have you told them about the law and that you have a right to remain at the property for 60 days? That would be my first step. They would need to inform the buyer of the law and the new owner would take over the lease and see it through the duration of your 60 days, if this time overlaps from when they take possession. If the new owner takes possession while you are still residing at the property, the old owner must give the new owner your security deposit (at least this is how it works in my state). Make sure to get the transfer of the security deposit in writing. Do you have any original records of the security deposit you paid? That might be helpful.
The other thing you can do, is agree to move in 30 days but you would like to request that your entire security deposit get returned to you. That might help with negotiations and make things easier. They do not legally have to agree to this though. I don’t think you have the right to request to pay half month’s rent for February though, as you will still be living at the property. Your
Check your state laws about when carpets need to be replaced, you might not get charged for them. Otherwise, do you have any records of the condition of the property from when you moved in? If the landlord can prove that any damage or uncleanliness was caused by you, and not normal wear and tear, then the landlord can legal retain the funds to restore the property from your security deposit. They will need to prove that you caused the damage or left the unit unclean and it is not normal wear and tear. Good luck!
Thank you so much for you response Kaycee! I really appreciate your taking the time to answer. 🙂
We did inform them of the law and they didn’t really acknowledge it. So I don’t really know what’s going to happen with that. We are in the process of purchasing a home and are trying to be out by then anyway, but I really wish they’d handled this better.
Anyway, thanks again for you help!
Hi, One year ago I have to been notified have to leave the house in 60 days because my landlord failed to pay is mortgage, it was 4 houses.
The houses just can be sale together they can’t sale separated.
So I have to find a place to go quick and then after this time they don’t sale the houses and now they are for rent again.
This is legal, I lose the house and now they rent instead of sale?
It depends on your state laws. In some states it would not be illegal for a rental property owner to decide end up changing his mind about the sale of a property, as long as he followed legal procedures for ending a tenancy with you.
I just signed my lease for 6 month and my landlord said she was putting the house on the market to sell I haven’t even fully moved in yet and I understood hoping that who ever bought the place would still rent it out to me but the realtor has already brought people to look at the house. Does my lease go the full 6 month or can they make me leave when they sell it , the only thing in my lease that I see say about the house being for sale kinda is Landlord May enter signs: landlord may at reasonable time enter the premises to examine , to make repairs and to show to it to possible buyers, lenders of tentants. Landlord may place the usual for rent or for sale signs upon the premises.
I don’t see anything in my lease that say it’s up for sale.
You should still be able to live at the property throughout the duration of your lease. The new owner would need to assume responsibility of the lease as a condition of the sale. The only way that you would need to move out early is if you both agree to do so, but you don’t have to do this.
I am selling my home and my tenants are on a month to month lease since the lease had expired after a year. On the lease iI wrote that they need to give me a written 30 day notice if they plan to move. Does that still apply even though I have not sold it. They have not told me that they plan to move but I have been getting a couple of rental agencies calling me to get information on my tenants. Property is inn California.
They still need to follow your lease and California rental law about providing proper notice before moving out. Most renters will begin looking for a new apartment before giving notice to their current landlord, so I would not be alarmed by calls for landlord references. The rental market is pretty competitive now, so it’s normal for tenants to start looking early.
Hello Miss Miller my problem is this I have just signed a new lease and after the signing about two weeks later my landlord informs me he’s selling the condo and gave me 6 weeks to move out me and my wife have started packing and today I get a message from him saying he’s not going to sell the condo after all do I still have to stay as I don’t feel comfortable taking this landlord to word on
That’s a great question Allen. So I think, since your landlord gave you a move out notice and you agreed to move out under those terms, you can still follow through with that agreement. I would respond that per your earlier agreement, you are still planing on moving out on the agreed upon date. Good luck!
I wish I could have been smarter. I was laid off and fell behind 2 weeks on my rent in our 50 unit apt complex. An unlawful detainer was filed but the manager and I made and agreement for a pay to stay. I got a new job was paying as agreed however the property sold 2 months later. The new owner refused my October rent by mailing it back to me then in November i tried paying oct and NOV. She handed it back. My agreement with the prior owners were signed in august with me waiving my rights to go to court if I violated the stipulation and I would just be locked out. I didn’t think anything of it at the time but when the new owners came in they wanted $1025 instead of my rental agreement of $757. I refused to just hand them extra money so they took advantage of my waiver of rights on my agreement with the prior owners and just refused my rent altogether. At the time I didn’t pursue it because I started a new job and didn’t want to agentathat by suing them in court. I regret it has been 3 years and I am barely holding on and facing homelessness because of this. I make $4000 a month so that isn’t an issue. What should I do. I need help
I live in PA. My lease states that I get 90 days notice when landlord sells the property. My landlord’s husband hand delivered a letter informing me of intent to sell and I have 90 days to leave.House is not listed for sale yet. When do my 90 days start?I have a yearly automatic renewal lease ending January 2020.
My landlord sold the house, notified me I had to vacate the premises on 8/30, only 43 day notice, I’m on a year to year lease and on rent assistance which is on my side, he notified them way too late
My landlord is selling the house where we live and he told us about it. I just recently lost my job. I have a month to month lease. He said that we will be in contract soon on the house and I have to get out. I live in NYC not sure if I have any rights and what they are
Is it legal for our new landlord to show the house I am renting to a interested buyers without the landlord or realtor( landlords daughter) being present? We have been very complaint to her wishes and to our surprise we had strangers in our home without the realtor or landlord present.
I rented a home the Lanlord didn’t enclose he had this property up for sale been here 3 weeks got a text a realtor was coming to look at the house so I agree he told my husband he was not renewing the contract that we were ok to live here he’s not selling the property and today he said the house was going to be inspected so I called him I’m trying to find my lease now but he’s asking the property and I have to move I’m disabled not fare so wat to do now.
The rental is a duplex home and my old landlord sent me a text message that the house was sold and to mail my rent to the new landlord and took a picture of my rent check I sent to her with void written on it. She then sent me a message with the address to mail rent to new landlord. The rental we live in is in NY and my new landlord is in CA. First off I thought by law I am to receive a notification of the duplex being sold and a letter from new landlord before I mail check ( I did mail check anyhow) 2 months later no checks have been cashed afraid this landlord is going to bounce my account. Should I stop mailing checks and put money in an escrow account? I have no phone number for this new landlord 3 days after I mailed my 1st rent check my oven blows out my circuit my burners still work gas stove. I am now using an toaster oven. The apt. next to us has been vacant for 3 years, I notice someone has been inside the windows have been open electric was shut off the day I received text from old landlord and I called vendor of gas to shut of the main gas line to the propane tank so the gas would not leak into vacant apt. In NY I also believe in winter months even if vacant the heat must be on, as all the waterlines including mine run through vacant apt’s basement. What should I be doing?
Ive been living here for 5 years. Im pretty sure my landlord is selling at the end of my lease. He hasnt done hardly any improvements since i moved in. Now that hes selling hes wanting to fix the house up to sell. I have a newborn and dont want my floors being torn up and everything else. Can I refuse until my lease is up?
That’s understandable Cody. Of course a landlord can with proper notice conduct routine maintenance and repairs. Whether this falls into the repair category to help with the sell or under renovations might be nuanced. I would recommend contacting your local housing authority to ask where the line falls between renovations and repair and your right (and the conditions) to the warranty of quiet enjoyment in your state.
In my case, my landlord just informed me that within the week, she will be transferring ownership to a buyer. However, I’m a little late on rent due to circumstances of the world right now, and was curious: do I pay my past due amount to my new landlord, or to my old one? The only contract agreement that was signed, was the one made with the original landlord. Furthermore, am I under any obligatory responsibilities to honor the new landlord, since nothing in the contract mentioned protocol in the change of ownership? E.G., I agreed with the landlord I originally had; not the new one; so, must I honor my lease? And if by continuing my lease, would I just void the past due amount, since it’s technically turning a new leaf? My lease is up in a couple months, and was curious if I can move out early and terminate the lease without penalty. Thank you for your help! I just don’t know who to pay/if I am obliged to pay past due amount/if I can leave early.
I appreciate you
Although circumstances are difficult during these times, unless there is a clause in your lease that voids the lease when the home is sold, it remains in effect. Those types of clauses are very rare so you may want to work with the new owner to discuss the options to move out early. As for the past due amount, a lease is a contractual agreement exchanging rent for the benefit of occupying the home. As that occurred, those funds are still due and payable to the new owner starting on the day of transfer of title.
Hello
We have rented the house we are in for 16 years. During that time zero updates have been done and the house is falling apart. He has a new girlfriend that wants him to retire and sell the house. He gave us 5 weeks to make a decision on whether we want to buy this house or look for a new one. But in the meantime, he is raising our rent Jan 1st even tho I have paid $163k and the mortage is paid off. I think it is a dirty move to raise the rent when being forced to either buy this home or another…i need all the money i can save now. Plus he thinks this house is worth more than double what he paid for it when its literally falling apart from top to bottom. He just messaged me and said i need an answer now whether u want to purchase this house or look for another one before jan 1st so i can draw up paperwork. Seriously? Giving us this amount of time to make a huge decision and raising the rent in the middle of a pandemic when my husband was out of work for 2 months? That is so wrong! I am at a loss as to what to do. We originally had a contract (not lease) that also says he will plow and mow and not once in 16 years has he done so..we have always done that for him. Im so so lost 🙁
Your situation sounds difficult, Tracy. I’m sorry you are not currently under a lease agreement which might have offered you some added security. I know these are difficult times so you might want to check with your local housing authority to see if they gave you enough notice to raise the rent. 5 weeks sounds generous and it’s above the national average of 30 days, but perhaps your area requires the rare 60-day notice? If they gave you proper notice, it is reasonable that you make your choice to buy, move, or accept the rent increase.
Unfortunately, unless you were under a rent-to-own (lease option to buy) scenario, the amount of money paid for rent nor how much equity or mortgage the owner has determines the home value. Value is determined by the market and what someone is willing to pay at the time of sale. A good way to measure that would be to check other listings in your area matching square footage, property size, age of home, amenities, walkability, etc.
It is a huge decision and would suggest weighing the pros and cons between the purchase costs (mortgage, interest, insurance, taxes, and deferred maintenance) vs. moving costs (rental rate, security deposits, first/last months rent, and moving van rental) at a new location. Sometimes it comes down to whichever is most affordable, especially during these difficult times. Wishgin you all the best.
My landlord decided to sell her house 2 months prior to our lease ending. The new buyers did an inspection and in the end did not buy the house due to a problem with inspection. Now the landlord wants to do a month to month lease with us and try and sell it again. Do we have rights as a tenant to see the inspection report to make sure the house is safe to stay in?
Neither a tenant nor any other party has rights to the inspection results as they are confidential and are owned by the person that hired the inspection. The good news is that an inspection that doesn’t result in a sale does not indicate an unsafe or unlivable home. Likely, there are some deferred maintenance items that the current and potential owner weren’t able to negotiate around. Having said that, every tenant has an implied right of habitability so if you have concerns be sure to check your local housing authority to find out what is covered under those rights.
My landlord sold the properyy to the city. I was givven a 4 month notice however i soent 2yrs cleaning up a mess o moved into now he sold it to be demolishef we are on 10 acres and so much stuff and 2 days left. However i paid the rent to the city last month. Do they now have to give me legal notice and or pay for any expenses
As I can’t offer legal advice and don’t have all the details – it might be that the notice you received 4 months ago was the appropriate legal notice for the circumstance. Not moving when given notice usually begins the eviction process and I believe the moratorium does not cover your situation. I would certainly reach out to the local housing authority and legal counsel from someone that is familiar with housing and rental issues for any legal and regulatory questions. I would also suggest working with the city to see what options you have at this point.
Hi i have a month to month lease with my tenant. Question? Does the moratorium includes month to month lease agreements? I know by my state law I have to give him 15 days notices prior the end of the month for him to vacate the property. Also I start to get complaints about my tenant making big parties with a lot of people which he did in the past and causing one of the neighbors a visit to the ER. Question? Do I have to give him a written chance to change his behavior which i did in the past but was verbal talk nothing written on paper. Also If I decide to moving into the house with my family because I am selling the house I am living in that will be a good reason for him to move out and waive the moratorium tenants right.
Yes, the moratorium covers month-to-month lease agreements. As a previous property manager, I would always advise handling complaints and lease violations in writing. Secondly, I can not offer legal advice so I highly recommend you discuss your options with your attorney familiar with rental housing laws as well as with the state housing board / local housing authority to understand your rights and responsibilities regarding notices to vacate regardless the reasons (selling, wanting to have you or family occupy the home, lease violations, non-payment); especially during the moratorium.
We need some serious help. We have been renting for over 2 years. The originally the landlord had said they were looking for a long term renter. Now they have choose to sell the home. My concern is that during this timing of Covid is it safe to move? Can she push us out during covid? She has brought contractors into our home without masks and they are walking in the house around and touching everything. She plans to start showing the home while we are still here. Its at the point that we are starting to feeling like she is trying to intimidate us. She comes every weekend, has not officially given us a notice to vacate. She sends us places to rent everyday and asks us if we have found anything everyday! Its starting to interfere with our ability to work and care for our children.
Please help advice? Somewhere that can help us find our rights. All I can find online is information about not being able to pay rent during covid.
I have the feeling you are on a month-to-month tenancy (not under a term lease agreement). If so, your landlord does need to provide you with a notice to vacate based on the state and local regulations. If under a term lease, your lease will follow to the new owners unless there is a clause in your lease stating otherwise.
It sounds as if the tenant-landlord relationship has become overly casual and perhaps they have assumed your agreement with move and visitations based on past conversations. To reestablish the proper tenant-landlord relationship, a little research can go a long way. I would recommend reviewing your lease if you have one. Then, contact your local housing authority and ask about your rights and landlord responsibilities to provide a notice to vacate and notices to enter (maintenance, construction, inspections, showings, etc.).
Once you understand your local regulations, you will be in a better position to make a request for those notices and know your rights during this process. In the meantime, you may ask them to stop sending rental listings and ask that everyone follow your county and state COVID guidelines when they enter your apartment.
Here are some tips to help with keeping safe during those visits: How to Prep for a Maintenance Visit During COVID-19
Lastly, a landlord can not evict a tenant for non-payment during the moratorium but there are many other reasons a tenant may be required to move. I know it can be stressful. Here are some tips to help with the moving process during the pandemic that might prove helpful: Moving During the COVID-19 Crisis: Tips for Renters
My mom and dad have a month-to-month lease and her landlord just told her that they were selling the house and said they had to be out by March 1 they were given the notice the beginning of January is there anything they can do if my mom has not found a place yet? She has been looking and calling and applying just hasn’t found anything yet
What a difficult position they are in right now. Unfortunately, I don’t have better news for you. If a landlord has satisfied their responsibility for proper notification, there isn’t anything they can do to stay longer. If they haven’t already, they may want to try expanding their search radius, change rent amounts and other criteria, and consider different housing options. I’m glad they have you helping and wish them all the best in finding a new rental soon.
I rent month to month, and my landlady informed me on the 16th of this month she is selling the place. She said I am more than welcome to stay until it sells and then, at that time, she will give me a 30 day notice. But knowing that I have to move, I want to start looking asap for something else. She told me I still have to give her a 30 day notice if I intend on moving out before it sells. Is that right? What if I found a place that I could move into now? Does that mean I would have to pay rent on both places for the month, because I have to give her 30 days?
Great question Donna. Typically, yes, the renter needs to give notice of move-out and often times pays at both locations if they move-out early before the 30 days have expired. However, since regulations are location-specific, I would recommend reaching out to your local housing authority to ask. Be sure to mention that you are on a month-to-month lease so they can offer the best advice.
I have just been notified by my landlord that she intends to sell the house I am renting. I am paying month to month with no lease. The current landlord took over the property 6 months ago when she was awarded it after the death of a family member. I informed her that I would plan to stay in the house until the end of July, at which time I will be moving. I am purchasing my mother’s home, but need these months to prepare for the transfer and renovations. When I look at the laws for Massachusetts, it sounds like I have 30 days from the date of notification and that worries me. It also worries me that I have to allow strangers in the house (perspective buyers) with COVID still being a cause for concern. Any advice or guidance you can give me would be greatly appreciated.
I can understand your concern, Shaunda. It sounds as if the landlord has followed the Massachusetts regulations on providing proper notification. As there wasn’t a lease agreement that locked in your expected July move-out date, the month-to-month tenancy allows a landlord the option to give notice at any time. I agree that COVID adds additional concern when it comes to inspecting and showing the property. I would recommend checking your local housing authority to find out how much notice your landlord needs to provide before each visit and this article may help with some ideas on how you can navigate those visits safely: Moving During the COVID-19 Crisis: Tips for Renters
how do I write up a professional email to send to my renters that I’m going to be selling the property? How do I start writing up the email?
That is a great question, Anthony. First, be sure to check with your state and local regulations if you need to give a more formal notification document rather than or in addition to an email. Secondly, that notification and/or email may have different wording depending on if you are going to sell the home with the tenant in place or if you are asking them to move out prior to the sale. Third, since selling a home and giving proper notifications are both legal matters, in addition to contacting the local housing authority (and/or your state real estate board) to find out how much notice and what type of documentation is needed, you may want to contact an attorney for more details.
In the meantime, here is an article that speaks to this topic that might prove useful: Selling A Rental Property: A Guide to Landlord Rights
Owner has informed me they have sold (binding sale contract) the property in which I (tenant) reside. The purchaser wishes to move into the property. Owner wishes me to move out in 60 days ( 7/3/2021 ). The lease clause pertaining to sale is as follows:
The lessee agrees that in the event the property hereby leased should be sold during the term of the lease and the purchase thereof should require possession thereof to deliver possession of said property to sold purchase or within 60 days after receipt of written notice from the purchaser demanding possession of said property. Such purchaser shall have the right to send such notice upon execution of a binding contract of sale containing no contingencies by seller or purchaser. The lessor reserves the right during the term to visit an inspector by himself or his agent said premises at any reasonable time to show the same too intended tenants are purchasers also to display for sale or for rent signs on said building or premises. The lessor his agent or janitor workmen and employees may enter said premises at any reasonable time to make needed repairs to said premises which are deemed necessary by the lessor or his agent.
The notice I received was from the owner and the lease states the notice is to be from the purchaser. Is this a breach of agreement?
Also, I have not received any documentation of proof there is a binding contract of sale with no contingencies or the intentions of the purchaser to move in to the property. Therefore, am unsure of the validity of the owners request for me the tenant to move in 60 days.
From what I read in your question, it says the purchaser shall have the right to send such notice but I’m not sure if that right precludes the current owner from sending a notice instead. Because I can’t offer legal advice, I would recommend you reach out to an attorney or at minimum your local housing authority for advice in your situation.
Hello. We live in Idaho and a Lady came to our house( a rental) to inform us that she is the New Owner and in 30 days rent will be going up $700 making it $1800.00 a month. We have a lease with our former landlords/ Old owners. Is this Legal? The Contract should still be honored right? My mother who has Parkinson’s Disease and I her Son who as Sarcoidosis Disease and are both on Disability. We don’t have the means to move or Pay there ridiculous $700 more a month. Seems Suspicious!
It does seem a bit suspicious. Go with your intuition and ask your (previous) landlord/owner or do some property ownership research to make sure this person is legitimately the new owner and not a scam.
As far as I understand, the new owner assumes any fixed-term lease as-is until it’s time to renew. Unless, of course, there is a clause in the lease giving the new owner rights to raise the rent. I’d recommend reviewing your lease to make sure it is still active and didn’t roll over to a month-to-month agreement and check for any clauses about new ownership.
Another red flag I see is that it’s unusual (and most often unacceptable) for a landlord to show up at your house unannounced without some kind of written notice or emergency situation.
I would call your local housing authority to find out your state’s rules on the type of written notice(s) you should be given:
– When an owner wants to visit or inspect a property
– When a new owner takes over the lease
– Rent increases
Hope this is helpful and wishing you all the best!
Hello. I am renting a house in Florida and my landlord decided to sell, so I have been on a month to month lease since May 1st. The new buyers are supposed to close on the house on 8 July. I’m ready to move out by the 7th, but I still have have not been given a written notice for lease termination. If the buyer’s decide they don’t want the house will I still be responsible to pay rent until a proper notice is given? Also, the realtor who is handling the selling of the house has sent me text messages where he said the new owner’s will close on the house on the 8th of July.
You’ll want to reach out to your local housing authority to discuss your state’s requirements when your landlord sells your rental home because in most cases, without proper notification, the new owner becomes your landlord and your fixed-term lease (or month-to-month) continues until you are given a notice vacate or quit or you submit a letter of intent to move.
Does a tenet need to leave there house so the landlord can show the house with one week notice
Hi Jacob, there are two types of notices in this situation. One is the intent to sell notice and the other is the notice to enter. Each state and local area has its own regulations on how much notice (if any) they must give for either. The landlord’s right of entry, typically ranges from no notice to around 48 hours around the country — so a week is generous. The intent to sell is very state-specific so I would check with your local housing authority to get more information. Regarding if you can be present, I don’t believe there are regulations against it (again, check with your housing authority) but just know that the homeowner may have legal recourse if your words or actions interfere with the sale of the home.
what about damages? Could the new owner come after me for damages ? WHo do i pay – the old landloed or the new landlord? I assume the old landloed does the inspection of the premises before the sale? What is to prevent the new owner from coming at me for additional purported damages that were not in the old landlord’s inspection?
Hello,
Can you tell me what the laws are in Hawaii?
I am 1 month in to a 6 mos lease and the owners told me they are selling. So I have to leave before my lease is up?
In many states, a lease is transferred to the buyer of the home but I don’t have the state-specific information for Hawaii. I did, however, manage to find this from the Hawaii Department of Commerce that might be a good jumping-off point in your research: Landlord Tenant Information
You might also want to try reaching out to your local housing authority or department of housing to discuss the details of your lease and any notices you’ve received in writing from your landlord about this situation.
“Abridged explanation” In the beginning of May, I was given 2 days notice that my landlord would be selling the property I was renting. I began looking for a new house to buy that very day. New owners gave me a verbal 30 day vacate on June 12th, Old lease expired in 2018….
My question is; Without me signing a new lease with them, (which I didn’t) did they have the right to send what they called back rent, to a credit agency?
I am now being harassed for this debt.
Hi Jeremy, when a new owner purchases a rental, the rental terms and balances transfer as well. Neither a fixed-term lease nor a month-to-month agreement changes the rights of the new owner to attempt to recoup an outstanding balance. How they determine to collect on the past due is at their discretion as long as it is within state/local regulations. Having said that, it sounds like you are feeling harassed by the credit agency directly — in which case, I recommend researching the regulations credit agencies must follow in debt collection practices.
I live in a home that I own but lease the property it sits on. There are 54 homes like mine in our community. All homes are 1000 sq ft or less and are movable although not at all easily moved. Most of us have a 99 year lease. A few have less years. The property is owned by an individual. He is in the process of selling to a large, nationwide company that has several communities similar to ours except the leases on their other properties are 1 year or month to month. The new owners will be changing the name of our community. Will the new owners be obligated to honor our lengthy leases and all terms of the lease? We are in Texas if that matters.
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My family and I have been living in our home for 6 years and my landlord answer me if we would like to purchase the house and we agree too purchase the house. So they typed up a agreement document and they signed and I also signed to purchase the home from them for a set amount for a period of time and now after 2 years of the agreement they saying that they are selling the house and we have a signed agreement to purchase the house but they said things came up and they need all the money upfront not over a period of time and they have a buyer can they really do that and what can we to do. We been purchasing thing to fix the house can they do that to me and my family.
Tonya, that sounds like a difficult situation. I am not able to offer legal advice and am not familiar with all the nuances of transitioning from a rental agreement to a purchase agreement. I highly recommend you review your documents with an attorney familiar real estate law. You might also contact your local housing authority to see if they have any recommendations.
Hello. The lease has a clause for early termination due to sale. So can I end the existing lease before the actual sale happens or the lease ends after the sale actually happened
Thanks for the question — unfortunately I can’t offer legal advice on this matter — it’s best you speak with your real estate attorney about the precise timing of when the lease terminates and what type of documentation and timeframe you have to give the current renter in this situation.
Can a home owner create a new lease with his tenants during the sale of the home to a new owner? I recently bought a house in CT with 4 tenants. During sale process, the former owner created new leases for the tenants who were month to month before the sale started.
My landlord on Feb 10th 2022 sent me a message on messenger stating that our house had been sold. We had been out of town for over 2 weeks and we came home to a notice to enter letter on our front door. Also my landlord informed me that if we even stepped foot back on the property that we would be arrested dor trespassing and that he was taking it upon himself to clear out our entire home of ALL our personal belongings, our entire life to be honest. What can I do hes saying now that he’s “extended” it and that we now need to be out by the end of the month….
It’s not often I hear landlords going to that extreme so I’m wondering if there are other details in play. If you are on a fixed-term lease, typically the lease transfers to the new owner. For month-to-month residents, it depends on the local regulations — but in either case, proper notices must be given. My best advice is to review your lease (or month-to-month agreement) to see if there are contingencies if the property is sold, contact your local housing authority to find out if they are giving you proper notice, and you might want to reach out to a real estate attorney familiar with rental sales and evictions.
I started with a lease but have been month to month since, over 11 years now. Owner now wants to sell. I have no problem with showing the place when I am present but uncomfortable with giving the realtor a key to allow them in while I’m not home. What are my rights regarding this matter in FL?
I have a question ? The wood shop that we have permmision to have a lock on it and use since we have moved in our place 3 years ago landlord cut the lock off one time all ready with out saying anything # 2 as of 2 days ago the same wood shop we use the door was kicked in and our welders and tool boxes and 2 bags of power tools were stolen. confronted landlord about the new people she has staying in her basement she claims its not them, and we made a police report and then she proccedes to go off on me about not takking her trash out last week which i take care of my sick father who had brain surgury and 5 strokes last month she claims that it is in the lease that since we live here we have to take her trash up. it does not state that in the lease . So as of today she types up a make shift letter stating she is selling the proberty we live live in and wants us out by june 21st also we do all matinice around the proberty and never late on rent.this the same thing that she did to my brother made up a fake letter stating she was selling the house . she has two reverse loans out on the house and property can she do this.
Hi Tania, if you have an active lease agreement, in most states that will transfer to the new home owner. If your lease ended you’ll be considered on a month-to-month agreement and that can be terminated without cause with proper notification whether they decide to sell the home or not. In either case, you may want to check with your local housing authority to discuss your options.
What if they sell the property, but the new owner does not contact you? My rent was due yesterday, and i have been trying to figure out who to pay! Not to mention who to contact in case of a maintenance request. I reached out to my old landlord to see if they had sold the place, and she told me they sold it weeks ago and the new buyer requested they not have contact with us any further. I have not heard from whoever purchased it yet, and I am not really sure what to do here as I have no idea who is currently managing the property I live in or who to reach out to to figure this out…
The new owner is responsible for the maintenance as they assumed your rental agreement (or lease) in the purchase of the home. It is recommended to open an escrow account and make timely deposits in the amount of your rent. You’ll then have a record of those deposits and the funds available to give to the new owner when located. You can talk to a real estate attorney about setting up that escrow account and help locating the owners. You can also reach out to the real estate broker if you know who worked on the sell of the home, the title company, or your local assessor’s office or county clerk and ask for public records on the address. All the best in locating the new owners quickly!
Hi Kaycee. I was in a property that sold. They honored my lease. It was up June 10, 2022. I moved into another property June 8,,2022. One week ago I found out that the owner sold the property. 10 months seems like a long time to honor a lease if they are wanting to renovate like they did at my last apartment. I am disabled & needing surgery to become “undisabled”. lol. They close on August 15th. Should I call the new landlord and ask what his intentions are? I can’t schedule surgery which is supposed to happen at end of this month…I’m not gonna try and move just having had surgery. I don’t want to seem pushy or appear impatient to this new landlord. On top of it the cost of moving again seems to have me fighting a nervous breakdown..lol.. I find it unfair that my landlord knew he was selling & went ahead and rented to me. He’s known me for years. I just find it to be cruel intentions.
That sounds like a difficult situation Cali. If your lease is over, you are considered on a month-to-month agreement with your new landlord unless they offer you a term lease agreement to sign. On a month-to-month, they can decide at anytime (with proper notice) to ask you to move. So, your best safety net is to ask for a lease of some length, otherwise you are vulnerable to being asked to move that might overlap with your surgery needs. I do hope you are able to work that out with the new landlord to your favor. Wishing you all the best!