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Additional Details
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njmommie | Will we be forced to move??!? |
We currently rent the 1'st. fl. of a 2-family home in NJ. The son of the owner of the house who also resides upstairs bought the house from his mother last summer. Since then he has been making many repairs on the house. We have come to find out he plans to sell. My question is what rights do we have as tenats? We have lived here over 7 years. Everyday we have last minute realtors dropping by to see the apartment, which I might add is a huge inconvience. I work nights so getting up early & cleaning up after our 3 small children is becomming a nusiance. Now on top of the constant inconviences of having to show our apartment we are faced with wondering if we will be forced to move. If so how much time do we legally have? We hope to last at least untill january for work related reasons then moving is not a problem. Can someone PLEASE tell me what our legal rights are? |
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bigpuppax
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First of all, I'm pretty sure you don't have to let brokers stop by whenever they feel. Most leases only demand that you give access to brokers when the landlord is trying to find a new tenant in anticipation of you moving.
Second, do you have a lease? Even though I'm pretty sure that you are not protected by rent stabilization laws (tenants in rentals as small as yours usually aren't), you should still be protected by your lease. |
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Jeenie
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I know they can't jsut throw you out before your contract is over, unless you fail to pay your rent. As for the realtors, you need to talk to him and tell hi that's not part of your contract for your to showcase your apartment eversingle time. He needs to get "open house" days i which realtors can come..but you should not have to face this type of disrruptions .
Have a sit down with the new owners and find out whats going on. YOu have a contract that protects you from all that, you have the right to enjoy a peaceful living, besides they have not agreed anything with you. So the way you pay your rent the same way you need your peace! |
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PatV
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There is a definitely a breakdown in communication by all parties.
The new owner seems to understand you have been long-term tenants. But he is selling the entire complex. YES, you will have to move.
Get out your lease and pay careful attention to dates, notice of cancellation of lease, etc. If you find a new home, can you just give him notice and leave? Or are you obligated until the written contract expires?
Sit down with the new owner and work out some sort of agreement. If he sells the house, he is going to expect you to move within the notice he gives you. And history in the home doesn't really have bearing, just emotional attachment. See if you can get the owner to shave off some of the rent to allow for the inconvenience of having to show your portion - not to mention the lack of communication on his part.
Good luck - and start looking for a new home now.... |
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SmartA$$
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if you have a lease contract the new owners are required to honor it under the original terms, they cannot raise your rent or kick you out (unless of course they can prove they have a just cause, like you are violating policy of the lease or not paying rent)
If however you are on a month to month agreement they can kick you out pretty quick, i think the exact time frame varies by state but its as little as a month or even 20 days. It might be stipulated in your original contract that even though its month to month there is a minimum notice time, agian any new owner would be obligated to honor this.
as for the realitors, most states laws say that the owner can enter your portion of the house to show the property to a potential buyer, they can't force you to have the place clean and I believe the owner needs to be there with the realitor and the potential buyer. but you might want to keep the place clean if you want to make good with the buyer in hopes that they will let you stay.
Don't assume you will get kicked out right away, one of the biggest appeals of a 2 family home is the rental income that helps offset the owner's morgatge payment. If you have been good tenants for 7 years why would a new owner want to kick you out and stop collecting your rent payments. The only concern is if they want the living space for a parent or something. |
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roz_phillips2004
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In the state of Nevada, no matter who owns the property, it is mandatory that they give you notice according to how you pay your rent. If you pay on a monthly basis, for instance, they are required to give you a 30-day notice. Unfortunately, it doesn't matter how long you have rented from them. |
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Monica C
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Although NJ laws might be different, if you have a lease, then you would be able to stay until it expires allowing that you pay your rent on time and do not cause problems such as an unlivable situation.
If there are realtors coming by all the time, I would set up a day or time when it most convenient for you & your landlord, and ask your landlord if they can only show it during those times or have an open house on a specific day that you won't be there. Sometimes on sale listings, they say that a property is not always accesable due to a tenant, and that the sale is subject to inpection. This means that they won't be able to see your apartment until after they have put a bid in, and that the sale is dependant on the inspection of your apartment. Although the landlord might not like this, it is one alternative. If there is a realtor involved, they may be able to take pictures of the property to show on the MLS, so that way the realtors do not have to be barging in on you all the time. You should explain your concerns to your landlord, and see what type of deal he is trying to broker; whether the new landlord has intentions of letting you remain a tenant or if you will have to look elsewhere. If you are on a month to month basis, then the new owner or the current owner only has to give you 30-60 days notice (not sure of NJ laws) due to your rental stay has been for over 7 years. Depending on the new owner and what exact uses they have for the property will dictate how long you can live there. Good luck! |
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dustystar
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One of the negatives of renting is that yes you can be asked to move, the good thing though is if the person buying property is buying for investment reasons, they may want to have you stay if you are a long time renter with a good payment history. Legally though once it is sold new owners can give a 30 day notice. |
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donna l
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There are allot of free legal advice websites you can look on line. Just type in free legal advice. There is also called (Just Cause Ordinance) Look it up for your state. this will help you out. |
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scatcat1014
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Do you have a lease? Did you sign anything saying you have the right to be there until Jan? If you do have a Lease then it would be prudent to check the exact wording of the document as to when the lease is up. They can not force you to move out until your lease expires. It dose not matter who they sold it to the new owners have to Honor the contract until it is void. If you have no lease then they can do pretty much what they want to do. I know that in some states it is illegal to force some one to move out same day. There is normally a 30 day waiting grace period. That's all I know from personal experience with landlords my mom dealt with. |
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