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Jason H | I just got a note saying my landlord had sold the house and gave me a 7 day notice to leave, what can i do? |
I have no lease on the house, Last week the landlord told me he is selling the house, today i got a handwritten letter in my mailbox saying the house is sold and that the "new owners want immediate occupancy, and you will be required to vacate the premises within 7 days". I dont have the money to move or even a place to move to. We always paid our rent on time and have copies of all the rent checks.
Additional Details
I live in Michigan. |
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Glynis
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Contrary to other responders, you do have rights. The tenancy is transferred along with the security deposit to the new owners. He should have given you a thirty day notice, the same day you paid your last month's rent. You have legal cause to occupy the apartment, even if the lease is a verbal month to month. I presume you have been paying utilities since you have been in the house so you have proof that you have been residing in the house.
Call your local tenants rights organization or legal aide office, they can advise you further, but you have at least 30 days from the date that he gave you the notice, and providing the home checks out you are entitled to your security deposit as it should have been transferred to the new owner, if not the old owner is liable, via the new owner, who has right to sue as he is now legally responsible for any deposit refund.
Bottom line they can't make you move with only a 7 day notice, unless you are legally being evicted for violation of a lease.
Hope this helps |
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bull_rooster_aardvark
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They messed up the notice, you have 30 days not 7, but once they get you proper notice you will have to leave when the 30 days are up.
Without a lease you are renting on a month to month basis. In Michigan the landlord has to give 30 days notice for a tenant to leave assuming the lease is up. They can give 7 days notice to pay rent or if there is a health hazard, but if you are current on your rent then 30 days is required.
If you want, wait until the 6th days and then tell them that they are required to give you 30 days notice. Assumedly they will get the 30 day notice out to you immediately, but the clock won't start until they give you proper notice (so if you wait 6 days to tell them about their mistake you effectively have an extra 6 days - more if they don't immediately get you notice).
However, without a lease they can ask you to leave (after proper notice is given and 30 days are up). Better start looking for a new place to live.
Best luck. |
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laylnd109
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If you had a written lease contract then you should find a lawyer to help but you don't. You shouldn't spend the money on attorney fees because you have no case, instead spend the time and money finding another place. Good Luck! Read this before you go out and find another place! |
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goz1111
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This is the deal without a written lease state statute is going to make your lease a month to month lease, therefore the landlord must give a full month notice to terminate the lease
so in your case if the landlord sends you the proper notice to end the lease with a month notice by the end of April you would have to vacate before the end of may, IE the full month notice, if the landlord fails to send proper notice before may 1 to end the lease then the closet date to end the lease in that case is end of June
let the landlord try and move for eviction based upon a seven day notice to end the lease |
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Jessie M
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I don't know about Michigan, but where I live (BC, Canada), you are legally required to give a tenant two months notice, or you can sue. |
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Brandi C
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In most states the landlord is required to give you 30 days notice. Even if they sell the house, you were renting it and they cannot kick you out before the required notice is up. They will have to work that out with the buyers. Call your landlord and let him know he did not give you the proper notice and that you will not legally be required to leave. If he tries to kick you out/lock you out then call the police - as far as the law is concerned that is your property, even if he sells it you still have a legal right to live there. |
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Leash
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Don't listen to the people who say you need a lease.
That's not true.
If you don't have a lease you still have a "tenancy at will" arrangement with the landlord even if you don't have any signed documents. Tenancy is implied because you have been paying him money to stay there and you can prove it with receipts or withdrawals from checking, etc.
He is required to give you formal notice but how much notice depends on your state.
I'm not too familiar with MI, but in my state it's 30 days because even if you don't have a lease, you are still considered month-to-month, and the law requires a notice of at least one rental period.
7 days notice is only required for evictions due to failure to pay rent or some other violation on your part which does not appear to be the case here.
In your case, he is evicting you for his own convenience and there are definitely laws to protect you from that sort of thing.
I think he is trying to take advantage of you. |
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americanfreeman
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You have 30 days to move. They can try an evict you, but that will take more than 30 days.
Write them back and tell them you will move in 30 days. |
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K. Ellis
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Get a lawyer. Maybe they'll be forced to pay for the inconvenience. |
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Milosc Leprechaun
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Even though you do not have a written lease, your rent checks prove an implied lease. And usually a new owner must honor a current lease until its expiration date.
They cannot expect you to move with 7 days notice. If the landlord led you to believe you were renting for a year, you can argue for the end of that year period, but if it was expected to be a month-to-month lease, you may only have one month to move.
Four options: I would suggest you call the town's borough office and ask the housing department for advice. They may know the state/town laws on tranferring the lease in your situation. You could also call a local real estate attorney, and you may get lucky enough to get their advice on the laws of your area. You could go back to the landlord or new owner and tell them that you will start looking for a place, but that you need x amount of time. Or you could sit in the house and wait for them to evict you, which could take months as well but is distasteful to deal with.
I hope you find your answer and a new place - and make sure this time you have all the terms laid out in writing! |
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the stranger one aj
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Your landlord is an idiot, call a lawyer immediately and sue. You have to be given 30 days notice of eviction unless you did something obviously wrong, like not paying rent. |
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SDD
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If you have no lease, you have no contract to enforce. You are living there at the pleasure of hte owner. His pleasure is for you to move out, so you'll have to. It's not very pleasant on his part, but that was undoubtedly one of the requirements of the sale. |
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98% human
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That is totally not in his rights, he has to give you, something around a 2 months notice!! You need to contact someone and sort all this out, maybe you should go to the local police department! (but wait.....idk if that applies if you have no lease....you need to talk to someone like a lawyer to find out whats up here.) Good luck |
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Phoenix
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A lease is a binding agreement between a lessee and a lessor and since you don't have any binding agreement, you will have to vacate the premises within the seven days period given to you. |
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newworldorder512
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I own a box u can use to sleep in if u want...or u can find a trash can...u dirty soon-to-be bum |
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