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Ruth A | I rented a house 7 monhts ago and know my landlord has sold the property.? |
I have found a new rental and do not want to lose it but my landlord is holding me to the rest of my lease in case the deal falls through. But I am ready to go now. The house is in better condition than when i moved in, doing alot of updating myself so I know there won't be a problem with the security deposit. He also has my last month rent. I would like him to use the last month and the security deposit as my next two months rent but he says no. Do I have any rights or do I have to stay until October 1? |
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FaZizzle
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1) When is the close date? He needs to give YOU a 30-day notice (legally).
2) I would wait it out. At this point you really don't have any rights until he gives you that 30 day WRITTEN notice. Keep on him for it. He is REQUIRED to give it to you. Unfortunately, you dn't get to use that money to future rent. Nothing is a guarantee at this point, even if it most likely is. Until the deal is sealed, you don't get that security deposit. |
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Expert Realtor
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Sorry, the lease contract doesn't end when he sells the property....it transfers to the new owner.
So no, you don't have a right to leave, or he (or the new owner) has a right to sue you for breech of contract.
You can leave anytime you want, but you have to PAY through October 1st. |
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lorijotx
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You are in a contract, you are locked in until he breaks the lease. If you move early, you will be paying him the rest of the rent until 1 Oct. |
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L.K. Duh
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You do have rights. If the sale is in escrow, you'll have a new landlord in less than a month. Have you tried to contact the new owner? Do so! Maybe you can come to terms such that you are out as soon as the sale is done.
Why not stay a few more months and enjoy the improvements you made? October is so close. Your lease can end the instant both parties agree to end it. The old owner must pass along your deposit and prepaid rent at escrow, and if your deal is in place, the new owner cuts you a check and waves goodbye.
Have you tried making a $$ offer to your landlord? Perhaps a month's rent plus deposit, or credit for improvements made?
Have you tried asking the landlord of the new place to negotiate with your current landlord? Maybe they know each other and will agree to it.
If you want to stay, you can, because your lease stays in effect for the new owner. It's the deposit that will be a problem, unless you have excellent documentation of the condition of the place when you moved in (which the new owner never saw, so he won't recognize your improvements).
State and local law govern your situation. You can break a lease but doing so without losing $$$ is the trick. Maybe your lease document is faulty--check it carefully.
Google your state + "tenant landlord law." Here are some links. |
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chatsplas
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You have the right to honor the deal you made when you signed the lease. . .even if the house is sold, your lease is binding on you and the owner, new or old.
You may be ready to go now, but you should be ready for the consequences of your actions. . . .you are liable for the rent until the end of the term. . .and there may be additional penalties for breaching your lease. . .
Just because you want to do something, doesn't mean you should, or that you have a right to do it
So be prepared to deal with the natural consequences of your actions. . . .and pay. . . .and pay
Your landlord has a right to your rent for the entire lease term and no obligation to agree to something less from you....he has rights you are intending to trample on and he can take you to court to enforce them |
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Patrick S
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I would just move out. here is how a judge would see it. if you can prove you fixed the place and did not damage things you should get your deposit back, that is one month. He has last months rent, that is two months. So if things would get bad the most he could really get you for is one month. Which would be a waste of time for him. And if you do move out keep an eye on the place because when he does get it rented out you will no longer be responsible for the rent. ask him if you can sublet? it is an idea but I would just leave. Really, the landlord wont care because if he rents it out right away he will be coming out ahead. |
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googie
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What are the conditions written in the lease agreement? From what date to what date ? In order to avoid penalties you have to abide by the agreement. |
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Daniel G
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read your contract this should all be written out in your lease |
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LADY AT THE LAKE
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It does not matter whether he sold or did not sell the property. You have to pay every month until your rental agreement is up. Are you on a month to month or annual agreement?
The security deposit is a security deposit and can not be used as rent money.
If the unit does not meet your standards, you should written to the landlord requesting items to be repaired. If they are not repaired you could deduct the repairs from your rent. |
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FLCajun77
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Until he no longer owns the house you are bound by the lease. Just because he has a contract on the deal does not mean that it will go through. Doing the updates was your problem. Never do updates or other work on rental unless approved by owner. Pouring money down the drain (even if the update was not plumbing related). Sorry I could not help myself. |
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miko
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Leave and let him sue you. |
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mary p
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I was in the same predicament...so I went ahead and stayed the extra month and tole him to use the security deposit...they won't hold up in court...take pictures...Landlords NEVER plan on giving you back the security deposit.....
PS...Find your new place first....get your landlords reference..don't let him know what you are gonna do..then do it!! |
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RayJay
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i think it depends on where you live and what the laws are. but that sounds pretty bogus, if he's selling the property and needs you out anyway, there should be some leeway there. |
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