I sold my property last month to someone and we had a written contract stating that I had 90 days from the time the papers were signed to stay there. After the 90 days however rent would start to apply. 2 days ago I was informed that he sold the property and this other person can move me out at anytime. Shouldn't I still be allowed to stay there for the full 90 days that was stated in our contract?

Fr_Chuck

This can vary somewhat between states.

In general you have no contract with the new owner, and he has no legal obligation to honor the contract unless it was part of the sales contract he had with the person he bought it from.

Now if he does not honor it, you can sue the person you had the contract with for any damages and costs that you incure from having to move out.

Also before you make this new owner evict you though the courts, do you really want this to be on your credit report that you had a court eviction.

I would talk to the new owner about it, show him a copy of the contract you have to stay in the house for the 90 days, then if he is not wanting you to stay, ask to see a copy of the contract where he bought the house, it may well say "in the small print" that he has to honor any lease or rental agreemetns in place. In general though if this 90 day agreement does not have any terms and/or if some form of monetary payment did not secure this agreement ( if it was part of your sale to him then the money that went with the house secured this agreement)

This is streching it but if your agreement was in the paperwork for the sale of the house from you to him, this it is part of the payment, and as such could not be undone by a new owner, during the new owners title search, this 90 liablity should have shown up.

So can he try, yep, can he, maybe, depends on the wording and how you did the contract. Can you sue the person who bought the house from you, in a minute.

angelkisses26

Thank you for your response...We actually have 2 contracts...one states how much the property is being sold for and the other states that I have 90 days. Both are dated and signed by the both of us. I'm still doing some searching to see what the law is. I live in Arkansas and am searching those laws. The biggest problem with this is that he didn't even tell me up front that he was going to sell it. He told me after he had already done it. I have a signed contract from him stating that I have 90 days and he cannot nor will he kick me out.

Fr_Chuck

What has the new owner said about this agreement with the other party?

And of course if you have to pay this person rent, or rent someone else during this time, the person who bought it from you can be held liable,
What has he said about paying your rent somenoe for 90 days

angelkisses26

The person that I have the contracts with has said nothing to me about this new owner. I have been told nothing and I don't know who it is. The person I sold it to is a sorta friend...I met him through a new friend (we all 3 live in a row). He bought my place and now is telling me that he sold it. He hasn't said anything about their contract, price or anything...he just wants me out. I do also feel that some things he says is just to get me out so they can do whatever with it or so the other friend can live there. He might be saying some things just to scare me and worry me but I'm still looking for laws and a new place to live.

Fr_Chuck

If he sold the house to someone else, then he has no legal standing to evict you. So if he has told you, that he sold the house, he no longer has any standing to come intot he house or property or to order you to leave, only the new owner can.

So just tell him that if the new owner wants you out, you would be pleased to discuss that with the new owner, can you have his name and number and address.

next just tell him that if you are forced to leave, that he is in default of his contract and will have to pay you for moving prior to 90 days and the living expence for those 90 days ( that should shut him up farily fast)

Almost Any rental or lease contract can be broken and notice given to evict the party living in the house. The only issue is what money value the person getting evicted may recieve because of the breach of contract.

angelkisses26

Because of this whole situation I'm basically avoiding the guy and not talking to him...I'm even cautious around the other friend b/c they're close and hang out a lot. All I'm going to do for now is keep my mouth shut and continue to see what the law is and stick to my contract. I have no problem as well possibly going to court and defending this contract if it came down to it and I knew that the contract would hold up. I believe that he's just trying to get me out now before I'm ready so he can have it. Whether he actually sold it or is planning on it is also another story. I was only told 2 days ago that he sold it and I best be looking for a new place now. The so called new owner has not said anything to me or done anything. I'm still sticking by my contract and I have it in my possession. I will continue to look up the laws for Arkansas and a new place.

Fr_Chuck

Ark landlord/tennant laws

http://resources.lawinfo.com/forms/arlandlord.pdf#search='arkansas%20eviction'

http://www.ag.state.ar.us/consumer/ltenant.html

http://www.nupplegal.com/areviction.html

Fr_Chuck

Not sure why that first link is not linking, but copy and paste it and it should open the complete page of laws

http://resources.lawinfo.com/forms/arlandlord.pdf#search='arkansas%20eviction'