Long story short my landlord sold the 3bedroom house my family is living in, the lease is a yearly lease and is good till December of 2015. The new Owner wants to do work on the property and many upgrades but wants me and my family to move ASAP and keeps calling and showing up asking me when am I leaving, what are my rights? I'm sure they vary by state but if anyone knows the state of PA that would be awesome. Please any help would be great thank you!
Barring special circumstances, purchasers are only able to buy real property subject to any existing leases. As a result, your existing lease is likely not void just because the old owner sold the property.
That being said, new property owners usually step into the shoes of the old landlord, and is free to begin an eviction action if the tenant defaults on the lease. While most renters think of 'default' as being solely related to rent, the reality is that most residential leases include a number of additional provisions regarding your care of the property.
I suggest that you read the lease carefully and make sure that you are not presently in breach of ANY of its terms. If not, you probably cannot be thrown out without your consent. If the landlord insists on your leaving or attempts to evict you, you should consult a local attorney.
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I agree with Mr. Larkin. In addition, in residential leases, there is usually some type of wording explaining what happens if the current landlord sells the property. So review the contract for any sections or wording pertaining to this situation.
I agree with my colleagues that your lease is not affected by the landlord's selling the property. The buyer becomes your new landlord and he does not have the right to terminate your lease before its termination date UNLESS there is a clause in your lease giving a new owner that right. Such a clause would be unusual, but some landlords do add a provision to the lease that give the landlord the right to terminate leases if the landlord sells the property, upon some amount of prior notice. Read your lease carefully to see if it has such a clause. If not, then you may want to write a letter to the new landlord informing him that your lease does not terminate until December of 2015.
You may also consider trying to take advantage of your landlord's strong desire to move out tenants. You can do this by agreeing to move out early (if this is an option for you), but only if he pays you a certain amount of money. The amount should be equal to the sum of: your security deposit; your moving costs; any brokerage fees you may have to pay; plus at least one extra month's security deposit for the new house you'll be moving into (in case 2 month's security deposit is required by the landlord of the new house). You do not have to explain to the landlord how you came up with your buy out amount. Being willing to be bought out of your lease could be a good opportunity for you to make some money if you are willing to negotiate a bit.
If you decide to let the landlord buy you out, make sure you get him to sign an "Early Termination Agreement". An Early Termination Agreement would state that upon the landlord's paying you $XXX by certified funds, you agree to vacate the house on or before whatever the agreed-upon date is. It must contain a covenant from the landlord releasing you from all liability and obligations under the exisitng lease (whether such liability or obligation arise before or after the term of the lease) and indemnifying you against and holding you harmless from against any costs, liabilities or claims against you in connection with the lease or the early termination. Make sure you do not move out until you have received the money, or you may never get paid.
If you do not feel comfortable negotiating with your landlord about being bought out, you could consider hiring an attorney to do this for you, but you will have to take the attorney's fees into account when determining what the buy out amount will be.
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