View Full Version : I'm being evicted
dustride79
Nov 11, 2009, 06:05 PM
Im being evicted from my apt because the owner wants to sell!! I got a 30day extension from the court. Can he sell the property while in the middle of this eviction process?? If he can and the new owners take over a while before my eviction date what happens then do they take over my eviction or do they have to evict me? Thanks for the reply
s_cianci
Nov 11, 2009, 06:10 PM
Talk to a local attorney about this as these things vary from jurisdiction to jurisdiction. What exactly did the judge say? Of course, a judge can't give you legal advice but his/her ruling can shed a lot of light on the local laws that apply in this situation. Was (s)he aware that the owner was trying to sell the property? Is the only reason that the owner wants to evict you is so (s)he can sell the property? Is there a buyer yet? Often, the landlord leaves it up to buyer to decide whether to evict you or renew your lease. And in some jurisdictions, depending on the situation, the buyer may be required to honor the terms of your original lease.
dustride79
Nov 11, 2009, 06:20 PM
The judge said I can have a 30 day extension because I have lived here for 15 year and paid my rent on time and was a good tenet and 30 day is kind of short to move 15 year worth of suff the land lord agreed! Yes there is a buyer waiting on a loan approval!! Yes it because he wants to sell but he told the judge I damageing his property and distroying it a window got broke moveing a couch and it took me a week to get it fixed ad he was mad
s_cianci
Nov 11, 2009, 06:29 PM
In that case, I'm guessing that your jurisdiction allows a lease to be terminated when a property is transferred. That generally applies in the case of a single-family home which the buyer wishes to occupy as his/her primary residence. About the broken window, did you get it fixed? You sound as if you did. If so, then the landlord has no grounds on which to hold that against you.
ballengerb1
Nov 11, 2009, 06:37 PM
Boy your story has changed https://www.askmehelpdesk.com/real-estate-law/house-being-sold-im-renter-what-can-do-415080.html no mention this time that it is grandpa who is selling you have no lease. Same as before 30days notice is all he has to do. The new owner does not have to allow you to remain after the 30 days expire from when gramps sends the letter.
Fr_Chuck
Nov 11, 2009, 06:42 PM
Well legal advice is past since the judge has rulled, you got a 30 day time frame from court, after that, the landlord can physcially remove your items from the property.
I doubt if within 30 days the property will close, if they are still awaiting approval of loan, it takes almost 2 weeks at best after it is all approved to do all the paper work,
And the buyer will most likely not close till you are out.
If you had a lease, ( written) of course they could not have evicted you, because the new owner would have had to accept the lease.
So I will have to assume you are on a 30 day month to month rent, either written or verbal.
While you may have been there for 15 years, you were still a renter and by law only needed the original 30 day notice the landlord should have given you. By going to court, and getting another 30 days ( judge had no legal reason to do this) you would have gotten a total of 60 days.
You need to be moved, that is really the end of the story, it may not be what you want, but unless the new buyer wants to rent it, you are now not being or doing the buyer or seller right.
I would even question why it took so many days to fix a broken window ?