Landlord terminated lease so he could sell the house. Wants us out by December 1st, but is also making us pay December s rent before we go?
2018-10-20 1:11 am
Basically our landlord sent us a paper in the mail saying we had to be out of our house by December 1st because he is selling the house. Our lease doesn t end til June, and we ve never paid rent late or broken any of the rules for him to randomly make us leave. Also, in the paper it says "December s rent must be handed to me before you leave the property". Why is he making us pay for a month we won t even be living there?? Is that even legal??
回答 (25)
2018-10-20 1:18 am
You reply to the landlord stating that you have a lease until June, and you would only consider releasing him from his obligations for a consideration (compensatory sum of money)
And then ask how much he is offering.
And then ask how much he is offering.
2018-10-20 1:18 am
Is there an early exit / break clause in your lease?
If not - unless your local laws say otherwise - your lease stands. He can sell the property - but it'll be with you in it.
IF you agree to move out earlier, you're doing him a favour, and you could ask for reasonable assistance - eg compensation, moving costs etc. You absolutely don't need to pay rent for a month you're not living there.
If not - unless your local laws say otherwise - your lease stands. He can sell the property - but it'll be with you in it.
IF you agree to move out earlier, you're doing him a favour, and you could ask for reasonable assistance - eg compensation, moving costs etc. You absolutely don't need to pay rent for a month you're not living there.
2018-10-20 5:12 am
A landlord CANNOT unilaterally terminate a lease. He can sue to evict you if you violate the lease, but first he must issue you a notice to correct the violation, and if you do, you cannot be evicted. But you haven't done anything wrong. To end your lease early, which is what he obviously wants, BOTH sides MUST agree on the terms of the early termination.
You could agree to be out by the end of November if you want, but I would demand at LEAST two months rent refunded to you for your inconvenience. That means not only do you not pay for December, you get October and November refunded, PLUS your full security deposit. Any agreement you make with him, GET IT IN WRITING (and I suggest having a lawyer write it and approve it before you sign it).
If he won't budge and insists on getting what he wants, respond to his letter with your own, by certified mail with proof of delivery, informing him that he, or the new owner, MUST honor the lease to its conclusion, and that you will be staying until the lease expires. The only thing he can do then is sue to have you removed, and he will be shocked when a judge tells him he can't have you removed.
You could agree to be out by the end of November if you want, but I would demand at LEAST two months rent refunded to you for your inconvenience. That means not only do you not pay for December, you get October and November refunded, PLUS your full security deposit. Any agreement you make with him, GET IT IN WRITING (and I suggest having a lawyer write it and approve it before you sign it).
If he won't budge and insists on getting what he wants, respond to his letter with your own, by certified mail with proof of delivery, informing him that he, or the new owner, MUST honor the lease to its conclusion, and that you will be staying until the lease expires. The only thing he can do then is sue to have you removed, and he will be shocked when a judge tells him he can't have you removed.
2018-10-20 5:41 am
You are not required to move from the property until your lease expires as long as you follow all the terms of the lease.
Tell him if he wants you to move before the lease ends that he needs to buy you out of the lease.....Like free rent for November and return your full security deposit prior to vacating the property.
Tell him if he wants you to move before the lease ends that he needs to buy you out of the lease.....Like free rent for November and return your full security deposit prior to vacating the property.
2018-10-20 1:24 am
Of course not, The LL sends notice to be out Dec 1st but still wants to you pay in full December rent? that's not going to fly in court
Side note: Does the fix term lease have a clause allowing the LL to terminate the lease early if he sells the property? Even if he does not sure it would be enforceable in a court of law. Now I have seen people state that their state allows a LL to terminate a lease early if they sell the home. I have never seen a state statute allowing the LL to end a fixed term early but I am not familiar with LL/tenant in all fifty states
So I would look up your state LL/tenant laws to be sure
In general my bet is the LL cannot terminate the lease before June absent lease violation , you may want to speak with a LL/tenant lawyer for clarification
Side note: Does the fix term lease have a clause allowing the LL to terminate the lease early if he sells the property? Even if he does not sure it would be enforceable in a court of law. Now I have seen people state that their state allows a LL to terminate a lease early if they sell the home. I have never seen a state statute allowing the LL to end a fixed term early but I am not familiar with LL/tenant in all fifty states
So I would look up your state LL/tenant laws to be sure
In general my bet is the LL cannot terminate the lease before June absent lease violation , you may want to speak with a LL/tenant lawyer for clarification
2018-10-20 2:13 am
You have a lease, as long as you keep paying on time, they have no right to evict or terminate the lease.
Ask for compensation to assist with the move, along with the month of November being free...or you take them to court for the broken contract...
Ask for compensation to assist with the move, along with the month of November being free...or you take them to court for the broken contract...
2018-10-20 1:56 am
You don't have to agree to leave if your lease is until June unless there is a clause in your lease saying he can terminate if he's selling. If he wants you out, make him buy you out. 2-3 months rent seems reasonable. (Seriously).
If you agree to leave by the date he told you, then you pay only to that date.
Push back on him. Get any and all agreements in writing.
If you agree to leave by the date he told you, then you pay only to that date.
Push back on him. Get any and all agreements in writing.
2018-10-20 1:52 am
No he ecan't legally collect Dec rent from you when he was the one who terminated the lease.
2018-10-20 8:41 am
He can't terminate a lease because he wants to sell the property but you'd better keep paying him rent or he can definitely terminate the lease. I would simply send him the rent as usual and ignore the lease termination. If you want just include a note with the rent that you have opted to continue renting the place until the lease ends. If you want to leave you could offer to leave if he refunds your entire deposit and gives you and extra months rent for free.
Not really sure but my guess is that he is saying you have to leave and he wants an extra months rent as some sort of negotiation ploy. This way if you told him you'd leave but not pay the December rent he can say ok and he's getting everything he really wanted while still seeming like he's meeting you in the middle but in truth if he wants to break the lease then he should at least be paying you a months rent to get your consent to do this (or you could just say you won't let him out of the lease and refuse to leave).
Not really sure but my guess is that he is saying you have to leave and he wants an extra months rent as some sort of negotiation ploy. This way if you told him you'd leave but not pay the December rent he can say ok and he's getting everything he really wanted while still seeming like he's meeting you in the middle but in truth if he wants to break the lease then he should at least be paying you a months rent to get your consent to do this (or you could just say you won't let him out of the lease and refuse to leave).
2018-10-20 7:24 pm
First you need to consult State Landlord-tenant Laws, or update your question with the state in which you are residing. State Laws generally protect lessees and a property can be sold to a new owner who is to abide by the terms of the lease. But lawyers and realtors are experts on getting tenants out, sometimes using false pretenses.
In some cases a landlord can terminate a lease in the event of an impending sale if a new owner wishes to occupy the house. This is legal grounds to terminate a lease, especially if an owner has a necessity to occupy the house.
You can request a cash for keys offer, and a savvy realtor or property owner will offer you one because they have money at stake in the sale of the property and want to avoid the legal cost of eviction (some shady and sleazy law firms offer evictions for $500, but it may cost $10,000). A cash for keys offer gives you incentive to leave voluntarily, and should be worth it for the cost of moving to a comparable rental.
The landlord cannot simply give you notice to vacate when you are on a lease. One way or the other they will get you out so it is best to negotiate. A reasonable cash for keys offer is at least $3500, but even $10,000 is common in expensive properties.
In some cases a landlord can terminate a lease in the event of an impending sale if a new owner wishes to occupy the house. This is legal grounds to terminate a lease, especially if an owner has a necessity to occupy the house.
You can request a cash for keys offer, and a savvy realtor or property owner will offer you one because they have money at stake in the sale of the property and want to avoid the legal cost of eviction (some shady and sleazy law firms offer evictions for $500, but it may cost $10,000). A cash for keys offer gives you incentive to leave voluntarily, and should be worth it for the cost of moving to a comparable rental.
The landlord cannot simply give you notice to vacate when you are on a lease. One way or the other they will get you out so it is best to negotiate. A reasonable cash for keys offer is at least $3500, but even $10,000 is common in expensive properties.
2018-10-20 11:52 am
The new owner must accept with the lease agreement until 6/1/19. They can not increase the rent until it comes due
參考: Retired bill collector 35 years
2018-10-20 8:29 am
******READ YOUR LEASE******
Check renters rights for your state you might even want to have a short consultation with an attorney or check out free legal advice websites like www.AVVO.com,. I don't know if he can legally ask you to leave Dec. 1. Depending on what state you are in i'm guessing, for example, if the landlord wanted to move into the unit you are in they have to give you like six months written notice (something like that).
You do NOT pay for a month that you will not be living there.
Also don't just agree to move before your lease is up without checking with an attorney... because if what they are asking you to do isn't legal also and you move they could turn it around on you and say you violated your lease and screw you for even more.
Check renters rights for your state you might even want to have a short consultation with an attorney or check out free legal advice websites like www.AVVO.com,. I don't know if he can legally ask you to leave Dec. 1. Depending on what state you are in i'm guessing, for example, if the landlord wanted to move into the unit you are in they have to give you like six months written notice (something like that).
You do NOT pay for a month that you will not be living there.
Also don't just agree to move before your lease is up without checking with an attorney... because if what they are asking you to do isn't legal also and you move they could turn it around on you and say you violated your lease and screw you for even more.
2018-10-20 1:58 am
Your landlord is not free to sell his property until the end of your lease, unless he comes to some arrangement with you to leave early. Don't be forced out. Get some legal advice and a strong letter sent to him regarding your rights.
2018-10-20 5:05 pm
I suggest you seek legal advice over this and get CORRECT answers to your issues.
Generally a landlord can't terminate a lease just because he wants to sell the house. He is free to sell the house, but he has to sell it with a 'sitting tenant', so the person buying it has to honour the existing lease til it expires.
However, there might be a clause in your lease, that you signed and agreed to, that allows him to sell house and terminate the lease... but its doubtful.
As to paying rent when you aren't living there - well I think he is trying it on with that one.
But please get legal advice !
Generally a landlord can't terminate a lease just because he wants to sell the house. He is free to sell the house, but he has to sell it with a 'sitting tenant', so the person buying it has to honour the existing lease til it expires.
However, there might be a clause in your lease, that you signed and agreed to, that allows him to sell house and terminate the lease... but its doubtful.
As to paying rent when you aren't living there - well I think he is trying it on with that one.
But please get legal advice !
2018-10-20 9:32 am
He can't terminate the lease unless there is a provision in it saying he can, or it is month to month. He cannot make you pay rent for time you are not in the home per his request.
At the very least, you do not owe him December rent. At the most, he must compensate YOU for breaking the lease if it is not a month to month lease.
At the very least, you do not owe him December rent. At the most, he must compensate YOU for breaking the lease if it is not a month to month lease.
2018-10-20 8:25 am
"The leaving part is fine, if he wants the house he can have it. However, what I AM upset about is the stupid "must pay rent before leaving" like what? I'm about to make copies of this paper in case he tries to sue me for this." if you are fine with moving then the fact he cannot evict you if you have a current lease is a moot point.
He CANNOT require you out December 1st and collect December rent. That is illegal.
He CANNOT require you out December 1st and collect December rent. That is illegal.
2018-10-20 1:57 am
Ignore his letter but be sure to keep paying rent. Selling up does not grant him permission to break the contract. No judge will evict you on that basis. He's just trying to panic you into leaving at no cost to himself. Sit tight and say that you intend to stay until the end of the contract that you and he signed. Don't get drawn into subsequent discussion or arguments. But keep any letters/texts/emails he may send in case he is stupid enough to take you to court. If he has any sense he will realise you aren't dumb and will back down. Time will tell.
2018-10-20 1:19 am
You should definitely call your city rental board right away for some clear up.
Nobody asked him to sign a lease till June.
He has to make arrangements but can not kick you out.
Nobody asked him to sign a lease till June.
He has to make arrangements but can not kick you out.
2018-10-20 2:13 pm
He has given you enough notice - 30 days. He gave you more than 30 days, which was decent of him. However, if you have given him a security deposit already, and if you are out by midnight, Nov. 30, then you don't owe for December. If you are still there on Dec. 1, then you DO have to pay for December but, that could cause a problem if new owners show up and start moving in. You could find yourself on your behind out the front door, without any of your stuff. So, be out by the end of November and only pay for December if you have not already paid a deposit. If you haven't paid a deposit, then that is why he is asking for a month of rent upon move out. You will be refunded any monies due after he has determined that there are no damages. Laws vary from state to state about how long he has to return the deposit or a portion of it, anywhere from about 3 days to 45 days.
參考: Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
2018-10-23 12:16 am
Get yourself a lawyer - fast. And start looking for another place to rent - fast. There is absolutely no way this LL should be expecting you to pay for December if you are not there fgs.
2018-10-21 11:05 pm
If your lease is until June the landlord selling the house doesn't change that. It's his tough luck. He'll have to sell the house with you as sitting tenants. You have the right to be there until the end of your lease, irrespective of whether he wants to sell the house. Any new landlord must also honour your lease, but he doesn't have to offer you any renewal.
2018-10-21 3:49 am
Check the rental laws where you are. It makes no sense to pay for a month you will not be there. Where I am, if I want to evict a tenant to sell the property, I have to give three months written notice and give them back one month's rent at the end, so they get a free month plus their security deposit back.
I can almost guarantee that what your landlord is trying to do is illegal.
I can almost guarantee that what your landlord is trying to do is illegal.
2018-10-20 5:33 pm
Well, I'd check local and state laws.
In most places, your lease cannot be ended because they are selling. They must either offer to buy you out of your lease or the lease transfers to the new owner (ie new owners become your landlord).
Also, they clearly can't make you pay for a period of time you aren't living there.
So, if this situation is as you describe, you don't have to pay rent for time you aren't living there. And, you probably don't have to move.
Of course, if they want you gone, there is probably a way to make everyone happy. Tell them you'll happily leave by Decemeber 1 if they pay you two month's rent, handed to you as a certified check, before you leave the property.
In most places, your lease cannot be ended because they are selling. They must either offer to buy you out of your lease or the lease transfers to the new owner (ie new owners become your landlord).
Also, they clearly can't make you pay for a period of time you aren't living there.
So, if this situation is as you describe, you don't have to pay rent for time you aren't living there. And, you probably don't have to move.
Of course, if they want you gone, there is probably a way to make everyone happy. Tell them you'll happily leave by Decemeber 1 if they pay you two month's rent, handed to you as a certified check, before you leave the property.
2018-10-20 8:10 pm
You can generally stay till the end of the lease if you want. He can offer to buy you out. Don't move unless he offers money.
Law and Regulation Questions
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If you don't have a copy of your lease ask for a copy in writing. If you are in California the landloard id required to give you a copy within 15 days of your request every calendar year. California civil code 1962.
Contact a tenants rights group in your area or state.
Law and Regulation Questions
Laws are different depending on where you live. When asking questions about law, you need to state the applicable city, county, state (In the US all states have different laws), and/or country and age. If a regulation you may need to give program name.
Please update your question (the edit/update button below your question) and not in a comment to my answer, so others will see it. (On a mobile device touch the three dots upper right corner and switch to desktop then edit.) Please use the details button to add to your question, when asking a question to expand your question when asking.
If you don't have a copy of your lease ask for a copy in writing. If you are in California the landloard id required to give you a copy within 15 days of your request every calendar year. California civil code 1962.
Contact a tenants rights group in your area or state.
2018-10-20 12:48 pm
Find another place to live and do NOT give him rent in December.
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