What are my rights against a landlord who is breaking my lease for new owners? 7 Answers as of August 18, 2011I leased a home 6 months and after living in the home for 2 weeks the landlord sold the home. The new home owners want to move into the home. I refuse to leave because I have a lease. I asked the landlord to buy my lease at half the value because I felt caught in the middle of drama that I elected not to indulge in, he said he was sorry he had to do what he had to do, period!Then I was served an eviction notice 3days later. I go to court to fight the eviction on 23 of August 2011. Even though I know I am right and I will win the new owners have threatened me, harassed me, I have had to call the police. I really just want the landlord to buy my lease so I can move and settle somewhere without problems.I have the lease, all my receipts, and my storage bill "that I got to pay another monthly storage bill." Because I have no stable place because of this lowdown move he did. What are my legal rights? What should I do?
Law Office of Tadd Dietz, PLLC | Tadd Dietz
The Utah Court's website points out that "When a home is purchased, the new owner takes the home subject to the prior owner's lease or rental agreement with the tenant. If a new owner is evicting a tenant after purchasing a home, the tenant should be served with a 15-day no cause notice if the tenant is on a month to month or other periodic tenancy. Otherwise, the tenant has a right to live in the home until the lease expires." See . There are several different types of eviction notices that can be used by a landlord to initiate eviction proceedings. The type of eviction notice used depends on the status of the tenancy (term lease such as a 1 year lease agreement, or periodic lease such as a month-to-month lease agreement), and the reasons for seeking termination of the tenancy (breach of the lease, criminal activity, non payment of rent, nuisance, etc.). The rights and potential defenses that a tenant could raise are dependent on the type of eviction notice served. Additional information regarding the rights of tenants and landlords, and eviction procedure can be obtained from the Utah Renters Handbook which is produced by Utah Legal Services. See . If you are seeking legal advice regarding the specific facts of your case consult an attorney.
Answer Applies to: Utah
Dunnings Law Firm | Steven Dunnings
If your landlord has sold the property, then, technically, he is out of the picture. Your position is that either the knew owners honor the remaining term of the lease or pay you for what you have paid on a prorata basis, for the unexpired portion of the lease that you have paid for and your security deposit. You can not sue for the entire unexpired term of the lease unless you have already paid it.
Answer Applies to: Michigan
Law Office of Neal L. Weinstein | Neal L. Weinstein
Actually, you will lose in court. The sale of the house legally terminates your lease unless you recorded the lease in the registry of deeds, or the new buyers had actual knowledge of the lease. The old landlord cannot evict you if the house was sold, so you can check and see the sale date in the registry of deeds. If the new owners are trying to evict you, you need to question them about what your old landlord told them, if they did an inspection, and if they knew from doing the inspection or the old landlord that someone was living in the premises. You can try talking to the broker who sold the house as well, and maybe he gave the new people a copy of your lease before the sale.
Answer Applies to: Maine
Frances R. Johnson | Frances R. Johnson
If you're actually evicted at trial/court proceeding, you can sue the landlord for breach of contract. Depending upon the amount of your damages, you may be able to pursue that case on your own in small claims court. There is too much here to address in a short response.
Answer Applies to: Colorado