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Posted by Rita on May 25, 2001 at 15:55:03:

In Reply to: Re: want to take ll to small claims court posted by mari on May 25, 2001 at 14:01:25:

Mari,
If you are not concerned about the cost and inconvenince of another move, then what is your concern? The sale of the house is not properly your business (and the landlord had no obligation to disclose it) unless it violated some contractual requirement or commitment. You may have wanted to know but you had no RIGHT to that information. And since a realty listing cannot be a secret, you could have even found this out on your own if you had looked for it. The house was publically listed, right?

A sale does not automatically end a tenancy and if you had a lease, the new owner would have to honor it. If this was your concern, you should have insisted on a lease for a fixed period before moving in. And unless you can prove that she promised you a tenancy for some period of time, then you got what you were entitled to - 30 days notice, just as you could have given her. It isn't nice, what she did, but there's nothing ethically or legally wrong either. Of course, you can take them to small claims court, but I doubt that, even if you can prove she misled you about the sale, you have any claim.

That said, I think you might be able to fix this situation by approaching the new owners and establishing your tenancy through them. Usually in a sale, it is the new owners who want the units vacant. Approach the new owners, tell them your story and try to cut a deal. If you are a good tenant, they might be delighted to keep you and not have to screen and find new tenants, if they don't want the unit for themselves. Don't focus so much on getting back at your old landlord, focus on the new landlord.

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Comments:
: Mari, 
: If you are not concerned about the cost and inconvenince of another move, then what is your concern?  The sale of the house is not properly your business (and the landlord had no obligation to disclose it) unless it violated some contractual requirement or commitment.  You may have wanted to know but you had no RIGHT to that information. And since a realty listing cannot be a secret, you could have even found this out on your own if you had looked for it.  The house was publically listed, right?

: A sale does not automatically end a tenancy and if you had a lease, the new owner would have to honor it.  If this was your concern, you should have insisted on a lease for a fixed period before moving in.  And unless you can prove that she promised you a tenancy for some period of time, then you got what you were entitled to - 30 days notice, just as you could have given her.  It isn't nice, what she did, but there's nothing ethically or legally wrong either.  Of course, you can take them to small claims court, but I doubt that, even if you can prove she misled you about the sale, you have any claim.

: That said, I think you might be able to fix this situation by approaching the new owners and establishing your tenancy through them.  Usually in a sale, it is the new owners who want the units vacant.  Approach the new owners, tell them your story and try to cut a deal.  If you are a good tenant, they might be delighted to keep you and not have to screen and find new tenants, if they don't want the unit for themselves.  Don't focus so much on getting back at your old landlord, focus on the new landlord.


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