If home is on the market are we still obligated to the lease? (tenant, sale)
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We rented a home for 8 years. I know the landlord was soon ready to sell it. We bought a house with 4 months left on the lease and told him we we be out 2 months early but pay him until the end of the lease. He asked for the keys about 2 weeks after we told him we would be moving (it worked OK because we had already moved but just wanted a month or 2 to get everything out and clean etc...) but we gave him the keys and within a couple weeks it was redone and on the market. If the home is under contract or sold before are lease is up wouldn't that negate the rest of what we owe him?
First, are you still on a lease? You sign a lease annually or something? Very often after the first year, it's month to month with a certain number of months notice on either side about vacating.
So, if he got the keys how did you get the rest of your stuff out etc.
I don't know the full answer. I do note he asked for the keys rather than you handing them over to him as you left. So he may have initiated a process there.
There are landlord tenant reps set up in many states that can answer questions like this by phone or email.
If the house sells before your contract is up you shouldn't have to pay the balance. if your contract goes through August and they close on the house in June it's the same as getting a new tenant. They can't double dip.
If the house sells before your contract is up you shouldn't have to pay the balance. if your contract goes through August and they close on the house in June it's the same as getting a new tenant. They can't double dip.
This is partly correct and partly incorrect.
First, if you have a written lease in place that lease will survive the sale of the property. Should the property sell prior to your lease expiring, then you'll need to make your lease payments to the new owner once ownership is transferred.
Second, veuvegirl is correct that a landlord cannot "double dip." Once a property is under a lease, it cannot be leased to a second party before the first lease either expires or the two parties mutually agree to release each other from their obligations outlined in the lease.
Third, if the property is still leased to you and you are making your lease payments then you are entitled to access to the property and quiet enjoyment of it. You should have keys and you should be able to move out as leisurely as you like. If the landlord wants your stuff out so that he can sell the property, then negotiate a release from the contract.
It would seem the landlord terminated your lease:
1) when he asked for the keys (denying you access)
2) when he took possession to redo the house (taking possession for his use, a remodel, preventing your use of house)
It would seem the landlord terminated your lease:
1) when he asked for the keys (denying you access)
2) when he took possession to redo the house (taking possession for his use, a remodel, preventing your use of house)
No such thing as "seems" in the legal world. Ask for it in writing.
No such thing as "seems" in the legal world. Ask for it in writing.
Words to remember. I made an offer to an owner once and made it clear that everything we previously discussed would be outlined in writing with all involved parties signing off on the document once they reviewed it and were satisfied. I was told a few days later that they agreed with what I prepared but still declined to sign it ... they wanted me to just take their word that they would be in compliance. My explanation that a written statement is for the benefit and protection of all those involved fell on deaf ears. Not much else you can do when that type of resistance is encountered.
It would seem the landlord terminated your lease:
1) when he asked for the keys (denying you access)
2) when he took possession to redo the house (taking possession for his use, a remodel, preventing your use of house)
Vacating a property before the end of a lease is called "abandonment", and it's a breach of the lease. The landlord is entitled to reclaim the property & they're still able to collect damages for breaching the lease.
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