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Trisha m | My landlord is selling the house we rent from him...Do i have any right's, this feels so wrong!? |
Me my husband and our two kid's moved to this home 12 months ago. My oldest child had to change schools to move here..10 months later we where told that our landlord was going to put this place on the market. I have shown the house off for him a number of time's..now it is in escrow. Anyway to get to the point i have decided not to pay my rent and save what i can to move because otherwise i will not be able to affored to move again. I have no lease with him just a month to month basis. I want to know what are my rights here..i didnt change my life and my kids life to move just to have our place sold underneath us 12 months later...it's so wrong! I feel i should have the right to save my money and move as soon as possible...am i wrong, can he throw us out??? |
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Psychic Sk8r
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You are kidding right? You expect any kind of rights when you already have a month to month agreement. NO, you do not have AND do not deserve to have any rights as you could have moved out any time you wanted and left him high and dry without a renter. Sorry for your situation but what do you expect from him? You are still bound to pay rent as long as you are living there, I cannot believe you are thinking about not paying as long as you are there! If you do not pay he should throw you out. |
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jonas_grant
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the only thing wrong is you stealing rent from the landlord. if you want security, buy which you should always do before having kids anyway. if you rent, you are subject to your landlrord's whims. you are month to month, not lifetime to lifetime. landlord should sue you and win.
DEADBEAT ALERT!
if i was your landlord, i'd sue for rent, damages, interest, court costs, legal costs, ding your credit, and submit your name to the deadbeat tenant databases. also, your next landlord would deny your application after hearing my opinion of you as a tenant.
best answer!? :) actually, yes, most truthful one. |
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Scott
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No, you have zero rights in such a situation. Unless you have a written and signed tenant agreement stating a duration in which you can live on the property. Legally binding, you have to pay whatever you are being invoiced for monthly rental fees - Otherwise, you could find yourself in a mess of legal trouble.
If the home is in escrow, I would highly suggest finding a new home immediately as escrow can close at anytime. Your landlord is legally bound to give you 30 days notice to vacate the property, so at least you have that. Although, he/she could argue that you were aware that the home was in escrow and that it was slated to close. It's a legally grey situation.
Communication is your best bet for a situation such as this. I would talk to your landlord and explain your monetary situation, it's possible that he/she would be willing to negotiate a reduced rent or possibly waive the last months rent. Especially since you went out of your way to show the home for them!
In the future, it is always wise to have a property lease as it is the only document that would stand up in any sort of housing dispute viewed by the courts.
Good-luck and I hope that you are able to resolve this situation in your favour! |
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kellyallen82
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You have no lease. no binding contract. its no diffrent then if you gave him 30 days notice to move out and at least he told you in advance. with most month to month contracts he could have given you 30 days and thats it. it really depends on your state. your local court house should have whats called a renters guide. they are free you just swing by and pick them up. it will give you the low down on your rights as a tenent. |
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Expert Realtor
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Hang on, don't panic yet. The first poster is incorrect...you either have a lease, or you don't. It's that simple.
Are you CURRENTLY under a lease that is NOT month-to-month. The reason I am asking is that you said he sold it 12 months later, and I am wondering if your landlord didn't offer you a new, 12 month lease because he knew he was selling it. If that is the case, then he is within his legal right, and that is the difference between renting and buying.
DO NOT stop paying your rent. That will ruin your credit and make finding another apartment difficult. Just because you don't like the circumstances, doesn't mean you don't have to pay.
Second, call a local Real Estate agent, ANYONE can tell you whether or not when a landlord sells a property, if the buyer MUST take the lease that is already on it (but only IF you have one, but it doesn't sound like you do).
The landlord must give you a 30 day notice, but you need to find out if your landlord would be willing to prorate the rental if you find something sooner. If he is confident that escrow will be closing soon, he will most likely honor the request. |
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Alterfemego
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Your rights are governed by the lease agreement you signed. You can't just stop paying rent. It's not fair, and not legal. He can take you to court and you could be fined and charged court costs. You need to step back and do what is best for your family and being belligerent isn't it. You need to find a new home. |
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reenzz
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First of all....shame on you for not having a lease when you have school aged children involved. Unfortunately without one you have very little rights. 30 days is all your landlord needs to give you to leave. You should not feel that its so wrong since it was your choice to rent a place on a month to month. And NO NO NO...you have no right to stay there rent free...as long as you want...just to save up some money. It's not the landlords problem that you have no savings. He is following the law..your trying not to.
It's never a good idea to withhold rent. It's illegal and will most likely lead to an eviction and a bad mark on your credit report. Plus I'm sure that you've been a good tenant for the past year and you will want a nice referral from your current landlord for your new place. |
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AJ
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You have basically no right. But at the same time, your overreacting.
Unless the new owner has to occupy the property to get the financing, your somewhat safe.
With a month to month lease, the owner is only required to give you 30 day notice to move out. That's the law.
So if no one has notified you that you have to move out, you don't have to when the property is sold.
Don't pay the rent and then you will be out, because then they will evict you, and it will be extremely difficult to find someone who will rent to you after you've been evicted |
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Jason s
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It depends on the state i know here in idaho assuming you had been paying the bills all we would have to do is give you a 30 day warning. But if your not paying bills its 5 days... As far as rights go you have none, you have no contract and its his property... Honestly leases are there for your protection not the property owners, if they can show you had paid before and stayed without paying they will still get a judgment in small claims court, you may wanna find out if the people buying the house are investors and might let you continue to rent from them. Or simply talk to the owner and ask him what his plans are.
Good luck |
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disruption_grey
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Every state is different and you may well have the right to stay a bit. I would check with hud http://www.hud.gov/renting/tenantrights.cfm |
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RT
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I moved to a very nice apartment and did not know the owner had financial problems. The rent was reasonable and I liked the place and the neighborhood. Very suddenly, the building was sold after I had lived there about a year. All the units had been rented at reasonable rates.
The new owner immediately informed everyone that rent would be increased starting that month right after everyone had already paid for that month's rent at the old rate. It was a scramble the rest of that month as all the renters got together and we even got legal advice. We went on a rent strike the next month and most of the tenants moved out without paying the rent, this left the new landlord flabbergasted with a drastic cash flow headache. They had broadsided us all with a 25% increase in rent to plant flowers and buy a new big ugly sign with the new name of the building coming in as most of us left. They had every right to raise the rent and we had the right to pay it or leave. |
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cthulhu_kisses
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I believe that even without a lease you are considered a tenant, and thus are required to be notified within a certain amount of time of when to move out. He can't just kick you out. I know in new england it is generally 3 months you can go without paying rent before he could legally evict you...however, the time varies from state to state, and you may be able to skip legal fees by going to the courthouse or police department and enquiring what their laws are.
it may be considered that you being aware of his selling it is considered notification, but i doubt it.
but as it is his property he DOES have the right to sell it. and if you don't pay he WILL have the right to pursue it legally after the fact. i will add i am sorry to hear this is happening to you. everyone should feel secure at home. |
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liveinaustin
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If you don't have a lease, you don't have no standing to complain unless he doesn't give you the typical 30 days notice. If you had a lease, in most states, the buyer would have to purchase the home subject to your lease.
Obviously, this is a terrible inconvenience, but without a lease I'm afraid you're choices are very limited. No one can make you pay rent either, but remember, the landlord will likely tell the next landlord about your rent payment history and failure to pay will clearly affect the next landlord's decision on whether to accept your application.
On your next lease, make sure you include a provision that allows you to have at least two lease extensions under the same terms and conditions (or with a slight rent increase). |
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owner
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I am not sure where people come up with this stuff. A month to month tenancy is an agreement that is month to month and as a resident you DO have rights - even in the month to month agreement. If you have lived in th residence for one year or less then the lanlord would have to give you thirty days written notice to vacate, but if you have lived in the residence over one year the landlord would be required to provide sixty days written notice. If you had a longer term lease agreement the terms would have to be honored to the end of the term. A new owner regardless of classification would be required to do the same from the date of possession of the property. If you had terms remaining they would have to allow it to terminate. If through a month to month agreement yolu still lived at the property without receiving p.roper notification, you would still be entitled to a 30 or 60 day written notice from the new owner that can,t be served until they have taken possession - the close of escrow...do nolt withhold rent = trouble for you. Most owners would be willing to buy you out of your terms to make the p.rocess easier on everyone...cheers! |
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