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kc4136 | Landlord is selling house and we are not on a lease, and they havent said anything to us. What are our rights? |
I have lived in my apartment since October 15, 2007. When i was looking at the apartment, i told the landlord that i wanted to live there for at least three years. A lease was never made up, so i just assumed this would be a month-to-month lease. Three days after moving in, we received a foreclosure notice saying that the house will be foreclosed on Nov 28, 2007. Well nothing happened, so i assumed that the landlord had everything worked out. Well yesterday, January 17, 2007, i found out that my landlord has been trying to sell the house for the past year. My landlord has said nothing to me about the foreclosure or him trying to sell the house. Im afraid that we will have to move if the house is sold, since we are not on a lease. What are my rights as a tenant in this situation? |
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Terry D
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As usual with the law - it depends...
If the house is sold while you still live there - the new owner must continue with a month to month lease - assuming you pay your rent monthly. If you pay rent by the month, then your lease is month to month. They may advise you that will not renew the "assumed" lease at the next term, or they may raise the rent on the next term - but cannot kick you out upon possession of the property.
If the house is foreclosed, then the bank may evict you with typically 30 day notice, but that depends on the laws in your state.
In NO case, can you be evicted without proper notice, which can be 30 or 45 days after being served eviction papers, regardless of the ownership of the property.
As long as you continue to pay your rent, (old owner, new owner, bank) No state will allow you to be thrown to the curb the next day - it's illegal, and if your landlord tries anything like that - you call the cops! MAKE SURE YOU KEEP YOUR RECEIPTS OR CANCELED CHECKS! |
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acermill
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Your rights with the new owner are the same as they are with your current landlord. Since you rent on a month-to-month basis, you only need be given thirty days notice from any specific rent due date to vacate the premises. Those same rights transfer to any new owner which, in a foreclosure action, will probably be the lender. The difference is that any new owner, especially a lender, will give you IMMEDIATE notice to vacate. Chances are very weak that (assuming this is a single family house) that the lender would allow you to stay. They will want the house vacant as quickly as possible to assist in selling the premises.
As a side note, any security deposit which you have with the current landlord will NOT transfer to the new owner in a foreclosure. You will need to work with the current landlord to recoup any of that money which may be due to you. |
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MLaw
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What you "want" does not create a contract. You have a month to month lease & a right to whatever statutory notice period your state provides for termination of the lease. Don't make any long range plans. |
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nojam75
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Obviously, the landlord is in a financial crisis and is happy just to have cash coming in. If you pay rent each month and the landlord cashes your checks, then you are tenant. Usually, it is assumed that you have a month-to-month agreement.
As long as the landlord fulfills his obligation, then you don't have much to complain about since you have not signed a lease. If the landlord does sell the house, the new owner is required to give you a 30-day termination notice. Worse case, the new owner files an eviction to force you off the property and you have to take the old owner to small claims. |
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scpttb512
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A verbal contract is binding, so... as you said yourself "assumed this would be a month-to-month lease" so 30 days. If you can afford it pay a month ahead, his/her cashing the check would show their acceptance of this. Of course if they go banrupt or shut the doors you could lose that money. In a lot of cases new owners would prefer the tennants stay, especially paying ones. If that happens get a lease. |
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Allie
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You truly don't have many "rights" persay.
You should talk with your landlord and try and get on atleast a short term lease agreement that states he will give "x amount" of time should the house sell to secure another place.
If he is unwilling to work with you now chances are he will not work with you when he finally sells the house and you will be S.O.L!
I suggest securing new housing as soon as possible, just as he is not bound by terms of a lease to give you notice you are NOT bound by terms of a lease to give him notice. |
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Just here
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you may have to move but you have renters rights and a big right is plenty of notice of that time. you landlord should have had enough Kaunas's to tell you when you rented the property. you new landlord may let you stay for at least a set time. you can start looking and just move i would wait to see how it pans out you have to be given time. most is 30 days.... |
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Jen
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Well, in most places verbal agreements are binding. Umm, you're rights are giving you enough time to find a new place I guess. It should be 6 months. |
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ann
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Sounds like you have little rights. Without a lease, there is nothing to enforce. Never live in a place without a lease. Sounds like you have to move. |
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