Sale of Property During a Lease Laws

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Most Common Real Estate Issues

Can a Landlord Evict Me to Sell the Property?

A landlord can evict you and sell the property only if your lease contains a provision stating that you can be evicted in the case of sale. As a general rule, this provision must be in writing, and any oral agreement will be insufficient. As a result of the foreclosure spike in 2008, federal law has been written with the sole purpose of protecting renters from losing their leases.

Can the New Owner Evict Me or Raise My Rent?

A new owner is usually bound by the existing lease and can only evict a tenant if there is a legally recognized reason for the eviction. Moreover, a new owner cannot raise the tenant's rent in the middle of an existing lease. The landlord has an obligation to follow both the length and terms of the existing lease. Even if the new owner was not informed of existing leases, most state laws presume that the new owner should have inquired about leases or otherwise discovered them. 

Should I Contact a Lawyer?

If you have a lease and your original or new landlord is attempting to raise you rent or evict you, the advice of an experienced landlord-tenant attorney can be extremely helpful. Due to the differences between states as to property laws, a real property attorney can also be helpful in determining what statutes guide property law in your area.

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Last Modified: 08-11-2014 11:23 AM PDT

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