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Kimmiejoe · Jul 23, 2007, 11:58 AM

My friend called me today in tears. She moved into a house as a renter in May 2007. Today is July 22, 2007 and her landlord sent her an email stating that he has sold the house and she has until August 21st to vacate the property. When she rented the house it was not liveable so she painted and worked in the yard to make it a nice place to live. What legal recourse does she have now?

Kim

LisaB4657 · Jul 23, 2007, 12:05 PM

Does your friend have a written, signed lease? If so, does the lease mention anything about the tenant having to vacate if the property is sold?

If the lease does not mention anything about the tenant having to vacate if the property is sold then she has the right to stay there until the completion of her lease term. The sale of the property does not terminate her lease.

If the lease does state that she must vacate if the property is sold then the landlord must give her proper written notice (most likely 30 days), which it sounds like the landlord has done.

Tell her to read her lease carefully. If the lease doesn't mention anything about the property being sold then she doesn't have to move out. Of course if the landlord is selling the house on the condition that the house is empty then the landlord will have to try and reach an agreement with your friend for her to leave. Having the landlord reimburse her for the work she did, plus moving expenses, plus a couple of months worth of rent might be a good thing for your friend.

s_cianci · Jul 24, 2007, 06:27 PM

Unfortunately, not very much. July 22 to Aug. 21 is 30 days, which is the exact standard notice that a landlord is required to give. Any improvements she made to the property of her own accord are just that and she is not entitled to any kind of reimbursement.

Emland · Jul 24, 2007, 06:29 PM

In Virginia, the lease is still valid and the new owner has to honor the contract.

Fr_Chuck · Jul 24, 2007, 06:45 PM

If this is a month to month lease, then all they have to give is a 30 day notice to move. If there is a lease ( 3 month, 6 month, 1 year or any longer amount of time) then the new buyer is obligated to honor the new lease.

But on a basic rental, there is nothing but a 30 day notice needed

ScottGem · Jul 24, 2007, 07:09 PM

As pointed out, if she has a lease then it has to be honored. If she is on a month to month basis, double check the laws in her state. Many states say that in the absence of a inforce lease notice has to include one full rental period. That might buy her a little time.

As for the improvements she made, did she get the landlord's permission? If she did or can prove the landlord knew she was making these improvements and did not inform her he had the property for sale, then she may be able to sue him for the costs.

But I'm wondering, didn't the landlord bring prospective buyers to see the house? Was she totally unaware he was trying to sell?