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A question about renter's rights

Discussion in 'Anything goes' started by wedgewood, Jul 14, 2012.

  1. wedgewood

    wedgewood Member

    I'm in kind of a strange situation here.
    I'm on a month-to-month lease and paid through the end of July. My current landlord just completed the sale of the property pending the buyer's approval from the co-op board. It was a short sale and Bank of America set the closing date as of July 25. They wouldn't budge on the date according to my landlord.

    She notified me on July 5 about all of this and asked if I could vacate by the 25th. I told her that would be pushing it. I then contacted the buyer and she agreed via email to let me stay until the 31st. It clearly states in my lease that if we opt for a month-to-month after the expiration of the year lease that I'm allowed 30 days notice prior to eviction.

    So my question: Is the lease null and void after the date of closing? Or does the buyer take ownership of the lease? When the buyer interviewed with the co-op board, she told them of my situation. And now the co-op says they'll stick her with a financial penalty because they consider me a subletter and they apparently have strict rules against allowing new owners to sublet. (My landlord said that provision wasn't in place when they first bought). And now the board is telling her that I need to be out of the property by July 21, four days before the closing or else they'll hit her with the penalty.

    This is one giant clusterfuck. I'm going to contact the Housing Court here on Monday, but I figure I'm on pretty solid footing, no? Appreciate if anyone can help me along, offer advice. Thanks.
  2. Stitch

    Stitch Active Member

    They can't force you out without legally evicting you. Proceedings on eviction under unlawful detainer (if that even applies) can't start until the time you have to be out.

    There is little-to-no chance you could get an eviction notice from a court before the end of the month because there usually is a three-day notice to quit required, then another filing to the court, then a few days before an eviction notice can be served, and then a few more days notice to be out or you will be forced out.

    Since your moving out anyway, you have leverage over the new owner to pay for you to move early. It is not your problem she has to pay a fee. How much is the fee?
  3. wedgewood

    wedgewood Member

    Thanks, Stitch. This has been a freaking headache to deal with. So does the lease agreement still apply even if there's a new owner as of July 25? In the purchase of the property does she also take ownership of the lease? Sorry for my ignorance, it's a bit confusing.
  4. Stitch

    Stitch Active Member

    What is the notice requirement to terminate the lease? 30 or 60 days is standard for month-to-month. The new owner is bound by the lease unless there is a clause regarding termination, but because it's a month-to-month lease, there really isn't anything the new owner can do except give a notice to terminate the lease.
  5. schiezainc

    schiezainc Well-Known Member

    Sounds to me that when the new owner bought the property, he or she did so assuming any and all contractual agreements said original owner had. Your lease, to me, is a valid owner between you and the previous owner and can only be broken by the rules stated within the contract itself or the original owner would be liable for breach of contract.

    That said, you'd have every right to stay there for the full term you paid for and if the new owner wants you out, I don't see how that's your problem. As much as it would kind of be an asshole move for you to stay until the end of your lease, it's your legal right to do so under the terms both parties agreed to.

    I'd tell the new owner that she shouldn't have closed on the property until this was all figured out and that you'd be willing to move out early on your terms (Be it the date you choose or with compensation).

    Any penalties the new owner has to pay are his/her problems and should have been fully vetted before she took ownership of the property.
  6. wedgewood

    wedgewood Member

    30 days. The buyer hasn't technically given any notice yet since she doesn't officially own until the 25th. She still has to get approved by the co-op. Like I said, clusterfuck. Leaving ASAP would make their lives easier, for sure.
  7. wedgewood

    wedgewood Member

    I don't wanna be a dick and screw up their sale, but it's also an asshole move on their part to expect me to find a new place in two weeks.
  8. Stitch

    Stitch Active Member

    The current owner should have given you notice, but I assume he wants to get as much rent as possible. As I wrote, it's time to negotiate. Both the buyer and seller have a vested interest in getting you out of there. When you find a place, get them to pay the deposit, or at least give yours back, and get them to foot some of the moving bill.

    Being a dick would mean saying tough and doing nothing, but they need to know they have an obligation to help you if they want the deal to go through.
  9. wedgewood

    wedgewood Member

    Kind of what I'm thinking, Stitch. They can pay for movers to come haul my stuff to put in storage.

    The thing is, my landlord is sweet as pie, and the buyer, from my interaction with her, seems like a genuinely nice person. The co-op board is the one really on everyone's shit list. Anyway, thanks for the advice and listening to my travails.
  10. schiezainc

    schiezainc Well-Known Member

    You're not being a dick by simply protecting your rights as a renter. It'd be one thing if the original owner gave you all your rent back for the month of July but by taking it all AND asking you to vacate a week before the month is over, he/she is trying to do what's best for them with no regard to you.

    Negotiating is best but don't pretend like you're doing them any favors. This is a professional relationship. It's business. Not personal.
  11. wedgewood

    wedgewood Member

    For some reason I wanna watch the Godfather now after that last post.
  12. Football_Bat

    Football_Bat Well-Known Member

    Check on your state's eviction laws. In Texas it takes a minimum of 23 days before you can evict someone from a property if you follow all the steps.
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