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DanaNJ
Apr 12, 2008, 08:01 AM
Hi,

My husband, son and myself live in a 2 family home in NJ. The owner lives in the other suite. We recently found out the house is in foreclosure and he's put it up for sale. Our lease don't expire until Dec. 31/08. I have found the NJ law that states that the new owners will have to honor our lease.

My question, which I cannot seem to find an answer to is do WE have to honor our lease? My son is only a year old and just living here with it for sale is a major inconvenience. People looking at the home when I just laid him down for a nap. Open houses which last a whole day, so we have to be out. I also don't like that people are looking in my closets and cabinets. I understand when a renter gives notice that they should expect people to be looking at their place. But we did not give notice... this was not of our choice.

Do we have to stay or do we have a legal way out of our lease?

Thank you!

excon
Apr 12, 2008, 08:46 AM
My question, which I cannot seem to find an answer to is do WE have to honor our lease? Hello Dana:

Of course, you have to honor the lease. Everybody has to, except the bank if they become the new owner by foreclosure.

The lease gives YOU rights too, though. You don't have to allow open houses, and you don't have to allow visits by the landlord without at least 24 hours notice. Plus, if you happen to be throwing a party at that time, you can refuse.

If you're looking for answers, try the landlord tenant laws for your state. We have a copy of them at the top of the real estate page on a sticky note.

excon

Fr_Chuck
Apr 12, 2008, 12:10 PM
No, you are just as obligated to the lease as they are, If the home actually forecloses then the lease is void.