We applied for an assignment due to ongoing issues with our rental unit. We are also being heard at the Rental Tribunal as part of the issues in the home. The other day the owner put the house up for sale. That is obviously going to make assigning the home that much more difficult for us......any direction on how we should proceed with this?

Powered by

We have a written agreement with a tenant till august 2010 for a property in ct. can we legally let the tenants know that we want to sell the property and if it is sold before their lease is up give them 30 days to find a place and move out. the property is costing us a lot of extra money and we want to get rid of it. does anyone know the laws around here?

The lease stands until Aug 2010 unless you want to buy them out on their terms...Even if their is a clause that the lease voids upon sale -that clause is illegal in every state I know..Your hard time is not considered valid to void the binding contract you signed,,,Turn the tables---if they wanted out-of the lease-do you think they can walk-away on 30 days notice ? Put the building on the market as currently rented---if the sale comes down to-needed vacant---you will have to buy them out-on their terms---otherwise the new owner is required to uphold the current terms for the balance of the lease

Powered by

My tenant has a year lease, but i need to sell the property. she is fine about showing the place, but how much time do i need to give her to move?

She is NOT legally obligated to leave until her lease is up. Selling the home does NOT void her lease. It must be honored by the next owner.

Powered by

Dont want them to leave immediantly and leave the place empty while its on the market, could i guarentee them two months notice if they stay, or reduce the rent or... whats the standard thing to do? i like them and don't want to screw them over but also don't want to pay mortgage on an unoccupied flat.

Assuming you are UK and the tenants are on an assured short-hold, then frosty (above) is right. When you are sure you have a sale issue 2 months notice as you are required to do by Law. Under Section 21 you don't have to give a reason, but you could be honest and just say you are selling. The only drawback is if they say they are not going and you have to go to court, in which case you will have to defer the completion until resolved - if the buyer is happy with this of course and doesn't get cold feet. Good luck.

Powered by

Property sold under short sale. landlord claims property is in escrow, but we are unable to verify date, escrow number etc. from the real estate salesman or the landlord. we are in california. gave us a 30 days notice claiming that the property has been sold, it will be occupied by the new buyer for at least a year, that it is in escrow. that it is not part of another dwelling, and that the notice was given within 120 days of the escrow starting date. also just sent by email and by regular mail but was not given in person or tacked to the front door. thank you for your help.

What law? You are entitled to a 30 day notice.

Powered by

My friend lives in a rented property and after being told it was was a long let, a year later the landlords put the house up for sale. it was agreed that she would stay there until a buyer was found and once the sale was completed, she would be given her notice. the estate agents have been awful. she's had a restraining order put against her ex & explained this to the e.a, which is why any viewings made had to be when she was there with company to ensure her privacy and safety against her ex (and his minions). despite this, e.a have turned up with 'extra viewings', not told her about cancelled viewings & even left a threatening message on her answerphone (they were going to go ahead and let themselves in regardless on x day at x time, despite her telling them she couldn't do viewings on a certain day) because they said she was 'unreachable'.........the y didn't even give her 24hrs to respond! she has been given her notice and after having to ring up and find out herself, it turns out there is a buyer. i am under the impression that they have made a verbal contract (i think she does have a letter with the agreement too) and also that by law they couldn't serve her notice until the sale was completed. they are saying it's a cash buyer, but there's a surveyor coming round to add to my friends already shattered nerves. i find it very odd that a surveyor would be coming round after the contracts have been exchanged and have a funny feeling that these lowlifes have just done this to get her out early. the girl on the phone slipped up and said that the surveyor was coming round for the mortgage company, when she mentioned she thought it was a cash buyer the girl stuttered and said thats what surveyors are for but this was a cash sale. something smells.......i think these lot are lying. so....is it illegal to serve notice and make someone 'homeless' without a guaranteed sale? especially as my mate agreed that this wouldn't happen until contracts have been exchanged?

ENGLAND/WALES The sale of the property is legally irrelevant to your friends situation. Under normal circumstances, your friends tenancy would remain valid and the only change would be that the purchaser would become her new landlord. You friend can not be made to leave the property without a court order. Any attempt to do so without a court order could be a criminal offence. I would like to clarify some more points. If the property is in England or Wales, could you send me your email via my profile? (click on my name to the left to send me a message)

Powered by

I was due to move into a propery and had signed a 1 year contract and paid my deposit with a large well named estate agent. my estate agent contacted me a week prior to move in date so say the landlord has sold the property and now would not be able to move into the property. what rights do i have to compensation given that there is no clause in the contract that allows the landlord to sell before we had moved in.......

Clause? He does not need a freaking clause. It is 100% within his rights to sell whenever he sees fit. You are not due any notice, and you do not profit from the sale in any way. However, you are due a 30 day notice that the new owner will be taking possession. It seems better this way to me, but if you really want to you can live there for 4 weeks after you received notice.

Powered by

Some friends had someone show up and tell them he would be the new owner in a couple of weeks. they never knew the house was up for sale and have been unable to contact their landlord for confirmation. is there a law of some kind that states a landlord has to give prior notice to tenants of the sale of the property, and if so, where can i find it?

From the Landlord & Tenant Board web site (link below): Can a tenant be evicted if the landlord sells the house and the purchaser wants to move in? Yes, but only if the rental complex has three or fewer residential units. A tenant can be evicted if a landlord has agreed to sell the rental property, and the purchaser requires the rental unit for: their own use, the use of an immediate family member, or the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex. Once the landlord gives the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant. However, a tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order. So, the new owner must respect the existing tenancy and may only apply to terminate the leases if the above conditions apply. Otherwise, the rent and all other terms of the lease stay the same.

Powered by

I went out side the other day and noticed a for sale sign in front of the 4 plex we live in. theres is only 2 familys occupying the units at this time. the owner never said anything to us and it dosent seem like he plans to. what are my rights? do i have to pay rent on the first? will i get enough notice if i have to move out?

It's tough to know without more information, but in most places and circumstances, you still pay the owner at the time. If it gets sold, you will be the other person's/company's tenant. The new owner should be obligated to the same contract so there shouldn't be a big deal.

Powered by

I live in cambridge, ontario and moved into a rental bungalow dec. 1/ 07. my landlord informed me april 22/08 that they were putting the house on the market for sale as of may1/08. are they breaking any laws here, how much notice is required to give a tenant when trying to sell a property? thanks. even in the case where they are collecting rent? will i lose my last months rent deposit?

my mom is a relastate agent and she said,she said you dont have to have noticebecause your lease is transfered with the sale un less they are asking you to move

Powered by

I am selling 4 plex in la, ca and need to have the property vacant before escrow closes. since my tenants do not have a lease agreement, can i issue a 60 day eviction notice to them to leave. my tenants live in a rent control area.

In most cases, you need to give a tenant a 60 day notice.