I was renting the house i 'm n from a private owner & she recently sold it 2 an invstmnt com that rents prop. I was on a month to month lease & she hadnt req a credit check 4 me 2 move n. Now the new owners want to increase my rent and make me sign a 1 yr lease. Can they do that? The prior situation was almost perfect bcse I have a foreclosure on my credit & my credit 4 the past 2 years is poor due to my job loss in 2010. I started back 2 work Summer 2012 but that does nothing 4 my credit rite now(the reason i didnt want my credit checked). And also I may be able to re-locate with my new job & that wldnt keep me here another yr (the reason I dont want to lock in to a year lease.) So what are my rights? And what part of the previous lease, if any, do they have to honor?
If you were on a month to month lease, the new owner and you are also on a month to month lease. When such a lease exists, either party can terminate the lease agreement with proper written notice---for any reason or for no reason (except discrimination against a protected class). Bottom line- you will have to make a deal with the new owners, or find new digs. They can simply terminate the lease (in most states proper notice is 30 days, but I recall that FL requires only 15 days--(that said I am NOT a FL attorney)). You are in a weak bargaining position.
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Criminal Defense Attorney
Agreed. the new LL can change the lease terms since you are mo2mo. You can try to negotiate a 6-month lease or something else that may better fit your situation.
Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.
Landlord / Tenant Lawyer
The new owner will have the same rights that the former owner had.
The owner can terminate a month-to-month by giving at least 15 days' notice
in writing before the beginning of the next month (assuming rent due on the first).
Let the new owners know that you wish to continue on the month-to-month and intend to give them plenty of notice and will leave the premises in good condition when you do go.
Try to negotiate something.
If you wish to leave as of March 1st, 2013, then give notice in writing and mail it certified mail so they receive it by February 13 or 14, 2013.
Be sure to remove your items, clean very good, and take lots of pictures before turning over the keys and possession.
If you had something in writing that has since expired, read it over for any clauses that survive once the original written lease agreement ends, such as the security deposit paragraph.