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PostPosted: Fri Jul 15, 2011 8:53 am 
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I've been trying to find out what my right are as my landlord is selling the house and it's already under agreement but so far I can only seem to find information on foreclosure, with foreclosure it says that even with a tenant at will agreement the tenant is allowed 90 days to vacate even though the tenant at will agreement is for 30 days, does the same hold true for a home sale? Does anyone know what the laws are here?


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PostPosted: Fri Jul 15, 2011 9:00 am 
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Not sure about there, but I believe here they can just give you a 30 day notice and you're homeless.


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PostPosted: Fri Jul 15, 2011 11:04 am 
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Darkroland wrote:
Not sure about there, but I believe here they can just give you a 30 day notice and you're homeless.


This is true in WA as well.

EDIT: MA law, relevant part bolded

Quote:
GENERAL LAWS OF MASSACHUSETTS

Part II. REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

Title I. TO REAL PROPERTY

Chapter 186. ESTATES FOR YEARS AND AT WILL

Current through Chapter 16 of the 2011 Legislative Session

ยง 186:12. Notice to determine estate at will

Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer. Such written notice may include an offer to establish a new tenancy for the same premises on terms different from that of the tenancy being terminated and the validity of such written notice shall not be affected by the inclusion of such offer. In case of neglect or refusal to pay the rent due from a tenant at will, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the tenancy; provided, that the tenancy of a tenant who has not received a similar notice from the landlord within the twelve months next preceding the receipt of such notice shall not be determined if the tenant, within ten days after the receipt thereof, pays or tenders to the landlord, the landlord's attorney, or the person to whom the tenant customarily pays rent, the full amount of any rent due. Every notice to determine an estate at will for nonpayment of rent shall contain the following notification to the tenant: "If you have not received a notice to quit for nonpayment of rent within the last twelve months, you have a right to prevent termination of your tenancy by paying or tendering to your landlord, your landlord's attorney or the person to whom you customarily pay your rent the full amount of rent due within ten days after your receipt of this notice." If any notice to determine an estate at will for nonpayment of rent shall fail to contain such notification, the time within which the tenant receiving the notice would be entitled to pay or tender rent pursuant to this section shall be extended to the day the answer is due in any action by the landlord to recover possession of the premises. Failure to include such notice shall not otherwise affect the validity of the said notice. If the neglect or refusal to pay the rent due was caused by a failure or delay of the federal government, the commonwealth or any municipality, or any departments, agencies or authorities thereof, in the mailing or delivery of any subsistence or rental payment, check or voucher other than a salary payment to either the tenant or the landlord, the court in any action for possession shall continue the hearing not less than seven days in order to furnish notice of such action to the appropriate agency and shall, if all rent due with interest and costs of suit has been tendered to the landlord within such time, treat the tenancy as not having been terminated.



Last edited by Lonedar on Fri Jul 15, 2011 11:19 am, edited 1 time in total.

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PostPosted: Fri Jul 15, 2011 11:05 am 
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Oops didn't read. I think if you're at will your kinda screwed. Hope you find something quick.

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PostPosted: Fri Jul 15, 2011 11:27 am 
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It depends on the state where you live.


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PostPosted: Fri Jul 15, 2011 11:28 am 
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Everything that I've read says that the new owner takes over your lease and that your lease is still in effect?
State laws vary though...here's a couple of links:

http://questionland.com/questions/3033-what-happens-if-my-landlord-sells-my-house
http://answers.yahoo.com/question/index?qid=20100426102202AAjlsRe
http://www.inman.com/buyers-sellers/columnists/helenelesel/what-happens-when-landlord-sells-my-home

Emphasis mine:

Quote:
When it comes to timeline for notice, exceptions abound. Usually a month-to-month tenancy can be terminated in that time frame; if you have a lease in effect, that has to be honored by the owners of that property, even if it changes hands. Once your lease period is over you can be given notice without a stated reason required in most areas. A 60-day exclusion may apply to those residing for more than a year in the same rental. For notice purposes, the close of escrow should not have any bearing on the timing of notices.

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PostPosted: Fri Jul 15, 2011 12:06 pm 
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Unless your landlord is a total newb, even if you have a long term lease, there will be a clause to allow termination (with conditions/penalties) should either party want out.


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PostPosted: Fri Jul 15, 2011 12:31 pm 
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Lonedar wrote:
Unless your landlord is a total newb, even if you have a long term lease, there will be a clause to allow termination (with conditions/penalties) should either party want out.


Indeed...

I was going suggest a fine tooth comb applied to your lease. There is almost certainly a clause in there allowing him/her to terminate if they decide to sell.


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PostPosted: Fri Jul 15, 2011 12:34 pm 
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Midgen wrote:
Lonedar wrote:
Unless your landlord is a total newb, even if you have a long term lease, there will be a clause to allow termination (with conditions/penalties) should either party want out.


Indeed...

I was going suggest a fine tooth comb applied to your lease. There is almost certainly a clause in there allowing him/her to terminate if they decide to sell.


But if there is not a clause, then he can't break the lease and it would pass on to the new owner, right?

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PostPosted: Fri Jul 15, 2011 2:19 pm 
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Well my landlord never gave use notice to vacate and the house is already under agreement and the Realtor said the new buyer also didn't ask for the place to be vacated in the agreement so at this point it won't be till he takes ownership that we can be told to vacate, and I do have a tenant at will agreement with the current landlord which is 3 day notice.

I was only really questioning what the case is because at least with a foreclosure federal law is 90 days even if the agreement with your landlord was a 30 day notice tenant at will, and there was also a bit in there under the foreclosure part saying if the new owner is going to use it as an owner occupied property then even a year lease can be terminated in 90 days but the 90 days still applies for tenant at will, but owner occupied is would only happen on a sale (or short sale) not a foreclosure, so of course as is the case with lots of laws, it's not very clear. I really wish they would get someone with a firm grasp on the English language to write these laws, lol.


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