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

[RichardE]

I have clause in the lease I just signed that makes the lease null and void 1 month after the house has been sold if the landlord decides to lease the house. When the house is sold the lease contracts come into the negotiations on the sale of the house. Usually clauses in lease make exception for sales.

 

[Tobolo]

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?

Um the local housing authority perhaps? Phonebook FTW!

 

[KK]

From a business standpoint, if he was allowed to kick your GF to the curb legally, why would he pay her anything? I mean its nice that he's offered, but why? Just something to think about.

 

[Jeraden]

I bought a condo for my dad a while back and he pays me rent. It turned into a big pain in the arse so I was thinking of just selling it, so I was researching what the deal is with other people buying it - whether he'd get kicked out or if the new owner would have to keep him there.
Its been a while (and I never went through with it), but from what I read the new owner cannot evict him UNLESS he is going to use that unit for his personal home. So like in your example, if he buys the apartment building, and plans to personally live in Unit 1, he can evict that tenant so he can move in instead. Otherwise the existing leases are upheld. No idea about renovations though, I wasn't really concerned with that. I'd do your own research though.

 

[pontifex]

Originally posted by: 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.

she has over a month to find a new place. he didn't say she had to be out today.

 

[BD2003]

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.

I nearly had the same problem with my previous landlord.

Im pretty damn sure when you buy a property, you assume all the leases on it. There might be a clause that they can have you temporarily leave for necessary renovations, but as far as *forcing* you to leave, unless you violated the lease, he can't do that.

Leases go both ways.

 

[Kelvrick]

So, where is the update

 

[compuwiz1]

Originally posted by: KK
From a business standpoint, if he was allowed to kick your GF to the curb legally, why would he pay her anything? I mean its nice that he's offered, but why? Just something to think about.

Because, just maybe all landlords are not mean, cold, incompassionate aholes?

 

[1sikbITCH]

"LiveJustice" Answer

In the links I browsed, they all had one common theme. No landlord cannot evict any tenant without getting a judge to grant the eviction. So at the very least your girlfriend can go to court and fight it, but she's better off just taking the deal.

 

[KK]

Originally posted by: compuwiz1

Originally posted by: KK
From a business standpoint, if he was allowed to kick your GF to the curb legally, why would he pay her anything? I mean its nice that he's offered, but why? Just something to think about.

Because, just maybe all landlords are not mean, cold, incompassionate aholes?

like car salesmen.

 

[compuwiz1]

Originally posted by: KK

Originally posted by: compuwiz1

Originally posted by: KK
From a business standpoint, if he was allowed to kick your GF to the curb legally, why would he pay her anything? I mean its nice that he's offered, but why? Just something to think about.

Because, just maybe all landlords are not mean, cold, incompassionate aholes?

like car salesmen.

Hey, now no hitting below the belt.

 

[Chunkee]

I sued one of mine in small claims court...i was in college...i documented everything..he evicted me said it was uninhabitable..a week later there was someone else in it...

i won...he had to pay the deposit back, diffrence in deposit on new place, and difference for rent increase as well as moving expenses and time off i had to take off work..

i told the judge..in a college town, after school starts, there is not ****** to rent..so i had to spend more money...he agreed and awarded me all that i asked for

i lived on the bottom floor...it kept flooding in the hvac ducts...can you say Legionaires..?

i called public health dept...they cited him about he had to fix it...he kicked me out...and put someone else in there...i went to see the new tenant...i showed him the problems and he started in on the tenant...

this guy was a piece of work...later he was arrested for marrying immigrants for money in exchange for citizenship...i should of known that a hottie young phillipino would not be married to a shriveled old fart that was 82 years old unless something was amuck..

jC

 

[Dirigible]

Originally posted by: Gibson486

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.

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.

Good point. I retract my "probably incorrect" and replace it with "depends on local law." Thanks for the education.