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Landlord sold bldg w/o notice, new landlord wants to evict

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Landlord sold bldg w/o notice, new landlord wants to evict

Postby brambilla » Mon Jan 09, 2012 10:05 pm

Hi everyone. This situation is a little messy, so let me know if there are any clarity issues.

In December 2010 we signed a 1-year lease with my landlord (let's call him Landlord A), expiring November 30 2011. In September of 2011, our landlord sold the building without telling us -- In the middle of the month we came home to a sign taped to our apartment door from our new landlord, (Landlord B-- actually a realty company and not a single landlord) saying that he was now the owner of our building, and provided contact information and the location where we were supposed to send our rent.

Prior to the selling of the building, we talked to Landlord A about extending our lease come December and he evaded our questions. When we talked to Landlord B, he refused to extend our lease because they planned to gut the two existing units and turn them into 4 small units. They said we could stay month-to-month until spring, then we had to move.

I should also mention that Landlord A sold the building to Landlord B with the understanding that the building would be empty when Landlord B took over -- this obviously wasn't the case. They were just as surprised to see us as we were them.

In November we found out that the tenants in the unit above us made a deal with Landlord B that they would leave February 1st and in the meantime did not have to pay their rent. We demanded the same, and they are being really wishy-washy about the terms and keep changing their minds about the move-out deadline and whether or not we are to pay rent until then.

Sorry that this is terribly long-winded. My question is -- do they have to take us to court to formally evict us? Do we have any legal rights now that we don't have a lease (because they refused to resign and are forcing us to move so they can gut the building)? Do we have any leverage? What can we do to ensure that we are protected? This is an extremely stressful time, and since my roommates and I are all grad students we are worried that having to move again is going to cost us a lot of money and interfere with the upcoming semester. We understand that we will have to move, but can we get any kind of compensation from them for making us move?

Thanks. Sorry again for all the rambling.
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Postby ronin » Wed Jan 11, 2012 1:33 am

Yes, they would have to formally evict you in a holdover action. It would cost the LL a lot of time and money. A judge can order that you get 6 extra months (that you would pay rent for). The only downside is the Blacklist. But since he doesn't really have your information it will probably get tacked to the notorious "John Doe".

Your best move is to negotiate some months rent free to assist you with the money needed to make your next move to a new place. Plus a little extra to ease your pain. To the LL this will probably be a much better and cheaper solution. Don't be afraid to let him know that you will put up a fight if need be. Sometimes just on basics you can fight a case and get it dismissed 4 months later. And then the LL has to start again from scratch and you still might get 6 more months.

Big pain in everyone's butt. A good settlement is good for everybody. But a good fight is good for you if a settlement can't be reached.
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Postby Antagona » Mon Feb 13, 2012 1:29 pm

I am in a somewhat similar situation and my question here is what happens to back rent that LL refused to accept while taking tenant to court? Would it be considered an use and occupancy or a separate request?
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