Re: Is the new Landlord responsible for the terms of lease when s/he buys a leased property?


Otto Mation (Caroline Freisen) wrote:
I'm unclear on whether your present landlord owns just your apartment
or the whole building. Laws do vary from state to state, but in most
cases if only your apartment is involved in the sale, then the new
owner can evict you if it is his/her intent to live in the apartment.
It seems most likely that this is the case because no one in their
right mind would buy an entire apartment complex and want to evict
everyone living there...

CF



I'd like to see some basis for this claim that the sale of the
apartment, even if a single unit, can just terminate a lease in most
cases. The tenant signed a lease that locked in a rental period
and a rental rate. How would the landlord like it if the tenant
decided to move early and just left? The landlord would be entitled
to damages. In the same fashion, I don't know of anywhere that the
landlord has the right to just sell an apartment and the tenant must
go, unless that is spelled out in the lease. And if it were spelled
out, then the tenant could take that into consideration when deciding
how much rent the place is worth and whether they want to live there.
Not making that clear upfront and then pulling this crap is extremely
unfair.

IMO, the tenant is in a very good position. I seriously doubt they
can be forced out. And even if they can, it could take a hell of a
long process to do it. Someone suggested asking for the cost of a
moving truck to leave early. I'd start by asking for a hell of a lot
more than that. Think the new owner wants to close on a building with
a squatter? I'd say asking for 3 months rent and settling for 2 would
be fair.

.

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