Yea, he can. Often in rent controlled areas the only justification landlords have to kick people out, then rerent the place at a higher rent is "renovation." This happened to me and 4 great housemates i had in Berkeley. We were kicked out and no renovations took place, but the house was rerented.
I take it back then. :heart: Update the thread after you speak with someone that'll give you a more official layout of how things work. Extended threads help to keep me entertained while bored at work. :evil:
Kanalua
Diamond Member
- Jun 14, 2001
- 4,860
- 2
- 81
Sounds like a good contracts violation case. the new owner is bound by the rental agreement the previous owners signed (in most jdx). But in reality, I would take the offer he's made. it seems fair. If there was 5 years on the lease then maybe I would fight it, seek a buy out of more substantial money.
But seriously, half way through a 1 year lease, I would jump all over the moving costs and one month's rent compensation. Be sure she gets all of her security deposit back, since he's gutting the place, anyway, no need to deduct anything (make it part of the buy out).
But seriously, half way through a 1 year lease, I would jump all over the moving costs and one month's rent compensation. Be sure she gets all of her security deposit back, since he's gutting the place, anyway, no need to deduct anything (make it part of the buy out).
Dirigible
Diamond Member
- Apr 26, 2006
- 5,961
- 32
- 91
This is simplistic and probably incorrect. Typically the new owner takes ownership of property subject to the provisions of current leases or other encumbrances and applicable statute.
OP: Depending on the law in your area, your GF may or may not have the right to stay until the lease expires. Like others have said, check with a housing authority/rent board/other for your area to find out what's up. Even if the landlord has the right to kick her out and renovate, she could successfully fight it and put it off a long time and/or get better compensation. Armed with knowledge, her ethics and capacity to deal with stress will determine your course of action.
If you start looking into landlord-tenant battles, you'll see both sides have a deep bag of dirty tricks they can pull on each other. Hopefully neither side pulls any of that here.
edit: My reply was slow, looks like you figured out what to do.
In CA (non rent control): you have to give 120 day notice and $8k to the tenant. Otherwise you wait until lease is up and jack up the rent to $1 million.
bunker
Lifer
- Apr 23, 2001
- 10,572
- 0
- 71
In MI the new landlord only has to give a 30 day notice. The contract (lease) is with the prior owner. Sounds to me like this guy is being more than generous with the advance notice and offer to compensate a month's rent.
(The above was true 7 years ago and may have changed since)
(The above was true 7 years ago and may have changed since)
Whoozyerdaddy
Lifer
- Jun 27, 2005
- 19,216
- 1
- 61
The lease and all the responsibilities on both sides (landlord/tenent) transfers to the new owner with the sale of the house. He can't just kick you out.
UNLESS... there is language in the lease that allows him to. Generally speaking though, you won't find that language in a lease. That's why it is preferable to sign a lease as opposed to a month to month rental where the owner can terminate the rental agreement at will with 30 days notice. The lease gives certain rights to the renter, specifically that the owner has to show cause to terminate the lease.
The laws may be different in MA but my experience is that he can't just kick you out. And of course it depends on what the lease says.
UNLESS... there is language in the lease that allows him to. Generally speaking though, you won't find that language in a lease. That's why it is preferable to sign a lease as opposed to a month to month rental where the owner can terminate the rental agreement at will with 30 days notice. The lease gives certain rights to the renter, specifically that the owner has to show cause to terminate the lease.
The laws may be different in MA but my experience is that he can't just kick you out. And of course it depends on what the lease says.
I am a landlord in PA and leases do not transfer. If you buy a property, you can tell the people to "get lost" after you take possession of the property. All states make their own laws on this though.
Alaska law states that leases are transferred to new owners, as are security deposits and such. New owners cannot break the lease "because they want to", or even to do remodelling. Not sure how law is in your state. Still, it sounds like your GF is getting a reasonable offer.
Whenever I've bought multi-unit property, I've always been given the option to kick someone out if I wanna move into one of the units...
Not sure if there are other reasons you can kick people out, but yes, under certain circumstances, it's possible and legal. (FWIW, I've never exercised this)
[Edit] TX
Gibson486
Lifer
- Aug 9, 2000
- 18,378
- 2
- 0
Originally posted by: Dirigible
This is simplistic and probably incorrect. Typically the new owner takes ownership of property subject to the provisions of current leases or other encumbrances and applicable statute.
OP: Depending on the law in your area, your GF may or may not have the right to stay until the lease expires. Like others have said, check with a housing authority/rent board/other for your area to find out what's up. Even if the landlord has the right to kick her out and renovate, she could successfully fight it and put it off a long time and/or get better compensation. Armed with knowledge, her ethics and capacity to deal with stress will determine your course of action.
If you start looking into landlord-tenant battles, you'll see both sides have a deep bag of dirty tricks they can pull on each other. Hopefully neither side pulls any of that here.
edit: My reply was slow, looks like you figured out what to do.
It's simplistic and it is how it is in MA. My mother has been a landlord for 10 + years. I have seen her buy property and reconstruct leases right away. If they do not want to reconstruct the lease, they are gone.
dabuddha
Lifer
- Apr 10, 2000
- 19,579
- 17
- 81
That happened to me 2 years ago in Virginia. The townhouse complex I Was renting at went condo and my townhouse was one of the first ones to get renovated. They originally offered my $400 to break my lease and move out. I refused of course since that wouldnt even pay for the movers.
Legally, they had the right to move me out of my house though and into a different townhouse on the property but I figured I'd try to get as much money as I could.
They kept raising the amount over the next 2 months and I kept refusing. When they hit the magic number ($5000) I accepted their offer and moved out in 2 weeks. Win win situation for all!
Legally, they had the right to move me out of my house though and into a different townhouse on the property but I figured I'd try to get as much money as I could.
They kept raising the amount over the next 2 months and I kept refusing. When they hit the magic number ($5000) I accepted their offer and moved out in 2 weeks. Win win situation for all!
TheAdvocate
Platinum Member
- Mar 7, 2005
- 2,561
- 7
- 81
Cite?
Seriously. I have never, ever heard of this, although I have only been licensed to practice in the south.
Typically, landlords retain the right of entry for basic repairs, but that's it, unless the lease provides otherwise. The landlord can always offer to "buy out" the lease the way this landlord is doing, but the tenant is not required to accept the offer.
The offer does sound reasonable though. Maybe 2 mos rent would seal the deal.
Pay $100 for a legal consultation with someone who can tell you defintively.
Short of that, read the contract she signed. Normally landlords need to honour existing leases until they expire. If he is not, then either he is trying to bully you out, oblivious to the law and exposing himself or he has an out in the contract somewhere in the fine print.
BrokenVisage
Lifer
- Jan 29, 2005
- 24,771
- 14
- 81
This happens ALL-THE-TIME in Philly, condos and apartments are constantly being bought out/remodeled causing the current tenants to leave. The beauty of it is they put in a new roof, a fancy fountain on the ground level and think they can change 4x more a month then what the last tenant did.. gotta love it.
TRENDING THREADS
-
Discussion Zen 5 Speculation (EPYC Turin and Strix Point/Granite Ridge - Ryzen 9000)- Started by DisEnchantment
- Replies: 25K
-
Discussion Intel Meteor, Arrow, Lunar & Panther Lakes + WCL Discussion Threads
- Started by Tigerick
- Replies: 22K
-
Discussion Intel current and future Lakes & Rapids thread- Started by TheF34RChannel
- Replies: 23K
-
News NVIDIA and Intel to Develop AI Infrastructure and Personal Computing Products- Started by poke01
- Replies: 411
-
Facebook
Twitter