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

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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.
 
Originally posted by: 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.
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Sorry I was just worked up. My apologies.
 
Originally posted by: E equals MC2
Originally posted by: 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.
Click to expand...

Sorry I was just worked up. My apologies.
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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:
 
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).
 
Originally posted by: Gibson486
contract is with the landlord. You have a new landlord. He has a right to do as he pleases.
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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.
 
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 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.
 
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.
 
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.
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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...
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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
 
Originally posted by: Dirigible
Originally posted by: Gibson486
contract is with the landlord. You have a new landlord. He has a right to do as he pleases.
Click to expand...


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. 🙂
Click to expand...

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.

 
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!
 
Originally posted by: lightpants
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.
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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.
 
Originally posted by: 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.
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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.
 
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.
 
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