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?

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We never signed a new lease and the landlord wont fix anything we have told him time after time, but he still wants us to pay rent. there is no binding contract what can i do or should i do?

Even if your lease has expired, you are under obligation to pay rent on a month to month basis. There is probably a disclaimer in your lease papers regarding this...However, your landlord is also obligated to make necessary repairs. You have to submit a request for repairs to made in writing, the land lord then has appx. 60 days (check what your state law is) to make repairs. If the 60 days has passed, you are then able to withold rent until repairs are made, or you can hire someone yourself and deduct the amount you pay from your rent.

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property is for sale. las vegas nevada, according to statutes i can request receipts & they have to furnish. this is the 2nd lease with this landlord lease to expire jan 07. landlord deposited rent check for march, already cleared the bank, how can he serve a 5 day pay or quit, what recourse do i have?

I live in New Jersey so the laws might be different depending on what type of property it is and what it says in your lease about a sale of the property. If there is nothing in the lease about what happens to the lease if the property is sold then it makes sense that the sale to a new owner would be subject to an existing lease. The seller would have to disclose to the buyer that there was an existing lease on the property, and the contract of sale would specifically state that the transfer of title was subject to the existing lease. In New Jersey there are different rules that apply to multi-family dwelling (4 units or more), and whether or not the owner wants to occupy the unit. The first thing you should do is read your lease and see what it says about a sale of the property, since this would probably determine what recourse you have. For example, the lease might say that upon sale of the premises the landlord can give to the tenant a notice to quit, in which case you would normally have 30 days to vacate the apartment. In New Jersey whenever I wanted to raise the rent I had to give the tenants a "NOTICE TO QUIT AND INCREASE OF RENT". What this meant was that the rent was being increased and if the tenant wanted to accept the increase and stay there all he had to do was pay the increase. It did not mean that the tenant had to vacate. If your landlord gave you a notice to "pay or quit" it means you can either pay OR you have to leave, but not both. So if you make the payment you do not have to leave. All of this should be spelled out in the lease. If you paid the rent for March then the landlord has no basis for telling you to pay or quit: you have already paid, and besides you have a lease to December. If the landlod sues to evict you, unless there is some other provision in the lease to the contrary, the landlord will lose. In New Jersey a 30-day notice is required usually. I had tenants on a month-to-month rental agreement, which meant either party could give the other a 30-day notice. The primary difference between a lease for a year and a month-to-month agreement is the term of the agreement; a lease would specify a total amount due of, say, $1200 in one year at $100 a month. the term of the agreement is one year. If you vacate the premises after 6 months you would still legally owe the landlord $600. On the other hand, the term of a month-to-month rental agreement is one month, for a specified amount each month, say $100, with the provision that either party could give the other notice of intent to vacate of quit, and that would be the end of it, since the term is one month and automatically renews each month unless this notice is given. So in a month-to-month rental agreement the tenant could give the landlord a 30-day notice of his intent to leave and then move within the 30 days and owe the landlord nothing, even if the tenant gave notice the day after he moved in.

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I live in the state of iowa, i have only receive verbal notice of the sale of the home and that i have to be out. they intend to close on the 1st of august. the landlord showed the home wihtout my knowledge about 3 weeks ago and then accepted the offer and still no notification. i did not know they still had it on the market. when i signed the lease it was listed for sale or for rent. after i moved in on april 1, 2006 my landlord notified me verbally they may be moving from iowa and would i be interested in buying the home on contract. i informed him could not afford it at this time. please help me i am totally stressed out about this. i have no family close by to help me move again so soon and my youngest boy just had major surgery 1 week ago and can not get around hardly at all.

First off, RELAX! The new owner cannot evict you! Ignore the idiot that said that the buyer can evict you -- they are CLUELESS! That is totally WRONG! The lease you signed remains valid. You have the right to peaceful enjoyment of the property for the term of the lease. The new owner MUST abide by the lease; they have no choice in the matter. The new owner cannot change the terms of the lease. They cannot increase your rent (unless the lease provides for rent increases) and they cannot evict you as long as you continue to pay rent on time and otherwise abide by the terms of the lease. Assuming that you signed a one-year lease you may continue to live in the home until 31 March 2007. When a property is sold, it is subject to any liens and encumbrances. An existing lease is an encumbrance that the new owner must accept. If they wanted to, they could ask you to void the lease but you are under no obligation to do so. If they do, you might want to negotiate a settlement with the new owner where they assist in locating a suitable property for you to rent and pay for your moving costs as well as compensation for the disruption in your life. You are under NO obligation to do so, however. Your landlord is probably not required to tell you that he intends to sell the property, although you are under no obligation to permit prospective buyers onto the property either unless your lease specifically states so. Only the landlord has the right to enter your home and that's only for repairs or inspection and then only during "reasonable hours" and with advance notice. Since he showed the property to a prospective buyer without your permission, you may have a case of trespass against the prospective buyer and the landlord. Once the new owner closes on the purchase, they must notify you in writing of the new address for you to send your rent to. Until you receive this notice, continue to pay your rent as usual. Verbal notice is NOT sufficient, so don't make any change until you get the written notice. Once the lease expires, the new owner may take posession of the property. How this will happen depends upon the terms of the lease. The lease should state what happens. It might state that the lease will be renewed on a month-to-month basis. It might state that it will be renewed for another year. Both are common provisions. The lease will also state how much notice is required when moving out. This applies to the landlord as well as the tenant. State law sometimes stipulates minimum notice required. Typically, 30 days notice is required though 60 days is not all that unusual. So, assuming that the new owner wants you out of the property on the lease expiration date , they will have to tender notice to quit on or before 1 March 2007. If they don't tender that notice, you are free to remain in the property as long as you continue to pay the rent. For the time being, and until your lease expires, you may rest easy. You CANNOT be evicted as long as you continue to pay your rent on time and abide by the other terms of the lease.

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I found out from the first broker here in florida handling the property that owner hasn't paid mortgage since oct. 08, among many other shady things. the manager (friend of owner) of the property is who introduced us to the property/signed/witnessed the lease. since moving in we loved the place however we never received a gate code nor did we receive pool passes and were given excuses. come to find out the hoa, according to the broker, is suing him for back payments…the owner claims to have less than $50 in bank account in the notes obtained by the broker from the lender???and the owner is back and forth out of the country and the manager up and left on contract work in another state. my gf and i are full time professionals/students and do not have the time to simply up and move out on a moment’s notice. the manager contacted me in april, not even 6 weeks after moving in mind you, stating she was out of town and needed me to fax a copy of the lease to the owner b/c he was away and needed it for accounting purposes. they didn't have the balls to tell me then in april that i had in fact faxed the lease to the broker who initially told me all these facts in order to start the selling process. we work and go to school and do not have the time to move until august. we pre-paid 5 months’ rent upfront and paid a security deposit for the last month’s rent in order to receive a "free" month. basically i see it as the owner has my money or spent my money, hasn't made a mortgage payment, is in trouble with hoa and is acting as if i should cooperate completely to sell the property...strangers in my house, constantly keeping the place up 100%, making arrangements for our dog to be elsewhere during showings, and not knowing what the future holds. what burns me up the most is that i feel the owner and manager knew their intentions from the beginning and should have said they wish to go on a month to month basis due to the fact that the owner may sell the property at any time...at which point i would have said no thank you and walked away. i signed a year lease, negotiating 5 months’ rent + security deposit upfront with monthly rent payments to begin in august. if the place sells, i don't want to pay for moving expenses...i've only been here 2 months. i don't want to sign another year lease from the date of sale here or elsewhere...it will keep me here longer than expected. i don't want to sign a six month lease elsewhere b/c it cost more monthly. the broker i originally spoke with stated he is unhappy with all the facts that he has in front of him and does not wish to do business with the owner. broker stated he will only do business with the owner after he has a signed paper stating that i am happy with an agreement b/w the owner and i. the broker then stated the owner signed a contract with the broker’s agency and cannot do anything with the property for a year???(is that true?) i was just contacted yesterday by another broker from another agency wishing to put a lockbox on my door, take pictures and schedule showing dates...haven't called back yet...don't know what to say. i have contacted and am waiting to hear from an attorney but i don’t think i could afford nor have the time for that and is it really worth it? i would love to have some leverage so when i am ready to leave i can negotiate financially, being compensated for the severe inconvenience/moving expenses and receive our deposit back without thinking this guy would try and take me to court for breaking a lease….or do i have nothing to worry about in the state of florida and the new owner has to uphold the lease or if the property goes into foreclosure will the bank uphold the lease? i don’t want to start paying this grease ball monthly rent in august if it’s going directly into his pocket and has been a pain since day 1. -confused and frustrated

I honestly didn't read your whole thing, because well, it was long. If the house is sold at short sale, the new owners have to keep the lease. The only way a lease is voided is if the bank takes the house. If you are on month-to-month, the new owners only have to give you 30 day notice to vacate. (Unless more notice is required in your lease) The new owners will be responsible for your deposit, and will begin collecting rent from you the second month they own it. The first month is generally prorated in the sale. You MUST pay your current owner up until the place is sold and the new owners come to collect rent.

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Lived there since 4/15/2011.

Your lease is still valid, unless the house is sold as a primary residence, in which case you will be provided notice per your state's laws. Since you failed to mention what state you are in, no one can possibly say how much notice this is. Otherwise, you will simply have a new landlord when the house sells. Your current landlord cannot force you out, but he can certainly make it worth your while (ie free last month of rent, guaranteed refund of deposit, and reimbursement of moving expenses). Your landlord has the right to sell HIS property. You have the right to abide by your lease until it expires or the buyer claims the house as his primary residence.

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I signed a lease for june 1st to may 31st. during this time the landlord whom i signed the lease with sold the apartment which i am living in to a different landlord. at this time a new lease was not signed between me and the new landlord. is the other lease void or can they transfre the lease without my approval or knowledge?

Approval? You are not involved. Your lease was sold to the new landlord and is still binding. The landlord can not change it until it expires.

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We lived in the same apartment complex for 2 years with three different leases with the same landlord. then the property was sold in the middle of our last lease. we gave notice but unfortunately did not have enough time to clean the carpets. trust me, i'm not stupid and i was able to clean the carpet in spots with a wet rag. it was just dirty from living in colorado, with snow and dirt. it would have cost $100 to clean the carpet, i got a quote. new land lord sent out bill for replacement of carpet. she will not send us a copy of the bill from the company who replaced the carpet. we don't think it was replaced. we have a copy of the lease and it was not signed by the old landlord. i looked up the law and it states that the contract is void if both parties do not sign, but if terms of contract are carried out it is valid. we carried out our part but they did not do theirs. the never fixed the cabinets, sinks, or the shower, and the air conditioner was broken for most of the summer. i just don't know how to deal with this. i have contacted a lawyer and have talked and talked and left message after message but htis lady is impossible.

YOUR copy of the lease may not be signed, but I'd venture management's copy is signed. As long as the landlord has a copy of the lease signed by you and by the former landlord, you're out of luck here. There is no requirement that YOU have a signed copy. You do have a right to see the bill for the replaced carpet, and I'm sure one will be provided. Meanwhile, you're going to learn a very expensive lesson for cheaping out on a $100 carpet cleaning job.

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I've entered into a lease with a great landlord/lady couple who live in the unit below (it's one of those "live-work" places but the work part was renovated into an apartment). the problem is, they are now selling the property, and an offer has been made. part of the agreement requires the new owners to accept the transfer of my lease to them. of course, now i'm worried about what could happen if they decide they don't want a tenant, and also about things like rent control! would it be easier for these new landlords to evict me based on a "valid" reason like "we want to live up there" or "we want to completely renovate it"? can they impose new rules on me, ones that weren't in the lease? i know landlords can only raise rent by a certain amount each year when the tenant is continuing to live there. however, when my 1-year lease is up, can they suddenly impose a greater increase because they (legitimately) believe that the unit should cost more and, since *they* never set that rent, they can change it or something? finally, when my lease is up and supposed to be converted to month-to-month, can they legally require me to sign a new lease or else leave (given that landlords can't do that under normal circumstances!)? any help with these questions would be great; i'm seeing if anyone can help me out for free before heading out to the more expensive people like lawyers! p.s. i live in ontario, but if you're somewhere else but think you can help, please do! the tenant acts are pretty much the same across the country and the us anyway... clarification: i'm not worried about the current lease per se here, just where i stand when the lease ends! one answer says "don't have to let you go month to month...and they don't have to renew..." however, if there was no change in landlord (i.e., based on the act as written), they don't have a choice really in whether i stay or not, and can only force me out with a valid eviction... (continuing above "details") so, given that a landlord can't legally make someone leave because their lease is up and they won't sign a new one, does this particular clause not extend to a situation like mine?

I can't imagine a contract works so very differently there, either. The lease will stay in effect with the same terms you have now. They can't increase your rent, because you already have that amount contracted. They do not have to let you go month to month when it's up, and they don't have to renew. Ask them if they intend to continue to lease.

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I am looking at buying a property that has renters occupying the property who have signed a lease with the current owner. if i decided to buy the property is that lease still in affect or is it null in void at that point? this is in wa state.

If you buy it the lease is not void. The lease goes with the property. You will be required to let them stay through the end of their lease or buy them out of it. This is general law nation wide.

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My landlord game me a notice today that they are putting the house that my apartment is in up for sale, i'm wondering if this is enough to get me out of my lease i signed, i'm 6 months into it and really hate my apartment. it's too small, there were sewage issues for the first 2 months, now i believe that there is a rodent issue, luckily i have a couple of cats so i'm not too worried, but it just gross, and it's in a not so nice neighbourhood.

The sale of the landlords property has no bearing on your lease. Your lease will be assumable by the new owner.