Resided as tenant for 3 years, first year had written lease, thereafter oral agreement. Beginning of 4th year, house went up for sale, no written notice, time frame, etc. Complied with 2 potential buyers for walk through. 3-4 months later the house was sold, no notification of purchase or closing. Served eviction from original landlord after house was sold. Never met new owner, shows up at door 2 weeks after closing demanding higher rent, gave me 3 days and filed eviction against me. I have been desperately looking for new residence for my son that I can afford. Any information would be greatly appreciated. Thank you.
To clarify, I received eviction notice from previous landlord/owner after house was sold. I did answer timely to the court with this information, saw online judge rersponded 5/10/13; court never mailed copy of document. My second eviction is from the new owner, when 3 day notice was put on door, her maintenance person came to collect rent. The deed for this property shows the 100% owner is PHNS Landtrust. Now I'm not sure if she is the owner because her title is managing member and real estate broker.
Under the Protecting Tenants at Foreclosure Act of 2009, because you have a month-to-month tenancy, you must be given at least 90 days to vacate from when the new owner gives you notice. You cannot be evicted prior to expiration of the 90 day period.
I recommend that you immediately consult with a local attorney if you have been served papers regarding an eviction prior to expiration of the 90 day period. Failing to respond to the law suit can result in a default judgment being entered against you.
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Landlord / Tenant Lawyer
Dear "What is the Legal Procedure":
I'm going to assume that this is not a foreclosure sale we are talking about, but, rather, a conventional sale.
When you say that "served eviction from original landlord", what does that mean?
Did the original landlord deliver a notice that said your lease was being terminated for cause or non-renewed?
Or did the original owner serve you with eviction papers aka lawsuit complaint and summons?
If you have an oral lease agreement with a one-year term, the landlord can only terminate the lease for cause, e.g. if you did something you weren't supposed to and it rises to a material non-curable violation of lease.
It sounds as if it may be the case that the original landlord served you with a defective notice to terminate. I am just guessing, though. You will have to see a local landlord tenant lawyer with all of your papers including the original lease if you have it.
You will have to pay rent to the new owner, but they can't just demand a higher rent. They have to wait and give you notice now that the rent is going up at the beginning of the new term if you have a lease for a term or at the beginning of the new period if there is no definite term.
I highly recommend that you make an appointment with a local real estate attorney or landlord tenant lawyer. Good luck.
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