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Didnt know landlord wasnt owner and now owner wants to sell

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Didnt know landlord wasnt owner and now owner wants to sell

Postby asbgaited » Tue Mar 27, 2007 1:02 pm

We entered into a 1 year lease with a friend, under the premise that she was the owner on record. We got a call the other day from a realtor saying that the owner wants to put house on market (the owner is our friend's dad). We told our landlord we had no intentions of moving until our lease is up in November. We do have a 2 month notice clause in our lease but is this lease even valid?? What are our recourses??
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Joined: Tue Mar 27, 2007 12:58 pm

Housing market

Postby dealing3000 » Tue Mar 27, 2007 2:56 pm

Have you seen the housing market lately, it is in serious trouble. There is a very good chance that unless the house is priced under market it will sit for a long time. Plus once a contract is signed, it normally takes a few months to close.

If you have a 2 month clause in your lease that states you must be out if the LL decides this then there is not much you can do other than to hold out and possibly make the LL evict you in court. IF this is a Single Family property, most buyers would demand the house be delivered tenant free so the LL will most likely wait until a contract is signed in order to serve you with the 2 month notice. You can always tell the LL that you have no intention of leaving and if the sale is contingent on an empty property, he or she will most likely do anything to get you out, putting you in a position of strength. The LL may offer moving costs, rent rebates, etc. If this is purely an investment property then the new LL may want to keep you and so would be fine.

Since your friend seemingly lied to you flat out, I would not feel too bad if I were you about leaving the place a total disaster (dishes in sink, long grass, etc.) for prospective owners/realtors to see as they peruse the property. This will further decrease your LL's ability to sell the property and possibly give you more time if you think a notice to get out will come with a sale.

Just my 2 cents.
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