WTF, my GF is forced to move out?!?

[E equals MC2]

What is this BS?

GF moved into an apartment with 2 other roommates just past September 30th. It is an one-year lease which expires next Sept of 2007.

Someone else buys the property and new landlord comes in. The new landlord says, "I'm gonna do some big ass renovation construction here. You're gonna have to move out by March 1st."

"I will pay you moving out cost (whatever the moving company incurs) + one month of rent in compensation."

WTF is this!??!?! Doesn't the lease transfer? He has no right to do that. She has agreed to stay until Sept of 2007, that means he has to hold up his end of the bargain!

Shouldn't he have to reimburse all rent for the remaining year?!? What are her rights and how can she exercise it to her fullest extent!?

[edit] She lives in Massachusetts for law reference.

 

[chrisms]

Reimburse? She paid all the rent in advance?

If not I'd say that is a good deal for her. She doesn't want to be around for the renovation and she gets her moving costs paid.

 

[TheNinja]

I'm pretty sure he is the landlord and can do whatever he wants. He owns it.

 

[Kelvrick]

Iono about legal implications, but sin't her contract with the previous owner and not the current one?

Sounds crappy and I'm unsure about rental laws and can't look it up since you disabled your profile, but sounds like he offered what he needs to. I'd ask for a little more compensation for the trouble of packing and relocation though.

 

[E equals MC2]

Originally posted by: TheNinja
I'm pretty sure he is the landlord and can do whatever he wants. He owns it.

Just because I own my place, doesn't mean I can bitchslap them around. She has a binding contract with the previous landlord and the lease transfers. It's none of her biz who her landlord is. She is to stay there until September 2007 as the STANDING contract remains in effect.

Someone with actual experience please chime in...

 

[SonnyDaze]

Originally posted by: TheNinja
I'm pretty sure he is the landlord and can do whatever he wants. He owns it.

And he probably had this in fine print in the lease which she might not have read. Sounds like the new landlord might be doing her some favors with a little compensation.

 

[chrisms]

Read what you sign FTW

 

[yllus]

I believe he can force tenants to move out for the reason of doing renovations.

 

[Dr. Detroit]

Landlords can not violate a lease, but as the building is changing ownership I believe he can.

Landlord sounds like he is being very fair in paying for moving + a months rent.

Contact the local housing authority and ask them. They will know the answer in 2-minutes.

 

[Nutdotnet]

Originally posted by: E equals MC2

Originally posted by: TheNinja
I'm pretty sure he is the landlord and can do whatever he wants. He owns it.

Just because I own my place, doesn't mean I can bitchslap them around. She has a binding contract with the previous landlord and the lease transfers. It's none of her biz who her landlord is. She is to stay there until September 2007 as the STANDING contract remains in effect.

Someone with actual experience please chime in...

Uhh...why did you post? Sure sounds like you have all the answers.

Anyway, what does the lease say?

 

[ch33zw1z]

Get out of MA while you still can ftMFw!

 

[waggy]

hmm I would think he has to help find a place etc. i can't see how he can come in and just kick her out. Talk to a local attorney. The local college has a group that help renters out with such stuff.

 

[E equals MC2]

Originally posted by: Fmr12B
Landlords can not violate a lease, but as the building is changing ownership I believe he can.

Landlord sounds like he is being very fair in paying for moving + a months rent.

Contact the local housing authority and ask them. They will know the answer in 2-minutes.

Whom can I contact regarding local housing authorities?

 

[TheNinja]

Originally posted by: E equals MC2

Originally posted by: TheNinja
I'm pretty sure he is the landlord and can do whatever he wants. He owns it.

Just because I own my place, doesn't mean I can bitchslap them around. She has a binding contract with the previous landlord and the lease transfers. It's none of her biz who her landlord is. She is to stay there until September 2007 as the STANDING contract remains in effect.

Someone with actual experience please chime in...

Quite often the lease states that the tennant will stay through the entire lease and in return the landlord cannot raise the rent during that time period. I know 2 people who got kicked out of their place during their lease b/c the owner was going to renovate the place and sell them as condos instead of renting as apartments.

 

[DainBramaged]

Originally posted by: E equals MC2

Originally posted by: Fmr12B
Landlords can not violate a lease, but as the building is changing ownership I believe he can.

Landlord sounds like he is being very fair in paying for moving + a months rent.

Contact the local housing authority and ask them. They will know the answer in 2-minutes.

Whom can I contact regarding local housing authorities?

Look up Yourtownhere Housing Authority or Yourstatehere Housing Authority, etc.

 

[bigdog1218]

He's giving them over a months notice, plenty of compensation, and they don't have to live in an apartment while its being renovated which sucks. Why would she stay? She has a great chance to get out before the renovations start.

 

[glutenberg]

Originally posted by: E equals MC2

Originally posted by: TheNinja
I'm pretty sure he is the landlord and can do whatever he wants. He owns it.

Just because I own my place, doesn't mean I can bitchslap them around. She has a binding contract with the previous landlord and the lease transfers. It's none of her biz who her landlord is. She is to stay there until September 2007 as the STANDING contract remains in effect.

Someone with actual experience please chime in...

You need to re-read the leasing agreement. If there aren't any special provisions regarding transfers of lease then the lease should be fully transferred. Here's a link with some more information. Make sure to re-read the leasing agreement.

MSN Money article regarding this process

 

[waggy]

Originally posted by: Fmr12B
Landlords can not violate a lease, but as the building is changing ownership I believe he can.

Landlord sounds like he is being very fair in paying for moving + a months rent.

Contact the local housing authority and ask them. They will know the answer in 2-minutes.

I lived in a place that got sold. My rent was very cheap. the landlord wanted to tear down the place and build new condo's etc.

Since i had 8 months on my lease he got me a new apartment (bigger and nicer then my old place) and paid the diffrence. he also paid for me to move.

but yeah you should check the housing authority. I really do not think they can do that even if it is sold.

 

[Drakkon]

well for starters YOU shouldn't be contacting anybody...your gf should...no one will give you any answers as its your gf's problem and she'll know the story....your just some over-emotional tool in their eyes.
start with county offices (theres probobly a blanket number that they make you call first) and get the name/number of who you need to talk to.
Follow the red tape till you find the right person.

 

[waggy]

Originally posted by: bigdog1218
He's giving them over a months notice, plenty of compensation, and they don't have to live in an apartment while its being renovated which sucks. Why would she stay? She has a great chance to get out before the renovations start.

because it may be cheaper then any other place. it may be in a great location. the hassle of moving and finding a place is a pain.

the compensation actually sucks. if he wants them to move he should help find a place and pay the diffrence between the two if any.

 

[chrisms]

Originally posted by: bigdog1218
He's giving them over a months notice, plenty of compensation, and they don't have to live in an apartment while its being renovated which sucks. Why would she stay? She has a great chance to get out before the renovations start.

That's what I'm saying. Leases and tenant law usually always states that the landlord can come into the residence for the purpose of 'repair.' If she fought this and won, which she wouldn't, she would have to live there while renovations were constantly going on.

I don't see what the problem is here. But the OP is only interested in hearing what he wants to so this thread is pointless.

 

[KarenMarie]

If I remember correctly, a new property owner can have the tenants leave if

a) he is going to do complete renovations
b) needs the place for himself or immediately family to live.

That is what I found when looking in NJ. your mileage may vary, depending on what state you live.

 

[glutenberg]

Originally posted by: chrisms

Originally posted by: bigdog1218
He's giving them over a months notice, plenty of compensation, and they don't have to live in an apartment while its being renovated which sucks. Why would she stay? She has a great chance to get out before the renovations start.

That's what I'm saying. Leases and tenant law usually always states that the landlord can come into the residence for the purpose of 'repair.' If she fought this and won, which she wouldn't, she would have to live there while renovations were constantly going on.

I don't see what the problem is here. But the OP is only interested in hearing what he wants to so this thread is pointless.

It seems like the new owner of the apartment is trying to flip the property. Renovate the apartment into a condo. If she refuses to leave then her long term contract will typically protect her from eviction. Unless there was some fine print on the leasing contract, she would typically hold the bargaining chip at this point. So, once again, re-read the lease and see what it says about transfers of ownership.

 

[Kelvrick]

Yea, most of the time a least is basically just a hold on rent for the tenant, making sure the landlord can't raise rents within that period of time. Inversely, landlords ue it to guarantee a tenant in a space so they don't lose money.

If you're goign to start getting angry in your responses to people, why post a question asking for a response from a general populace anyway.

I've decided you're an ass.

 

[IGBT]

..you'd have to check the contract language and see what was actually agreed upon.