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Because I don't want to waste the time in researching only to find my earlier assertions were absolutely correct, and having to link you the citations that prove I'm correct.
I am quite simply correct on the matter of contracts.
God forbid you should waste time just in order to find out that you're assumptions are totally off the wall and legally inept. For a start, try looking at the Residential Tenancies Act. Even a simple google search finds your premise legally incredible on other counts. Knock your socks off or else continue to flounder in the ignorance which hopefully others won't assume is correct.
Sorry that you don't understand that a contract is generally between two parties, and cannot be enforced on someone who is NOT a party to the contract.
Sorry that you don't understand that a contract is generally between two parties, and cannot be enforced on someone who is NOT a party to the contract.
And sorry that you feel compelled to beat the proverbial dead horse. The correct information is right at your fingertips but your stubbornness is intractable. To use your term - bye bye.
Lawyers.com > Understand Your Legal Issue > Real Estate > Landlord Tenant Law > Lessee's Rights on Foreclosure and on Sale
Lessee's Rights on Foreclosure and on Sale
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Like other types of property, real estate that is used as rental property can be sold, or may be affected by foreclosure proceedings. Sales and foreclosures are major events for the owner of rental property, but tenants or renters of the property are affected as well.
But, a sale or foreclosure can have just as big an impact on someone who doesn't own the property, such as a tenant or "renter." What happens to the tenant when the residential property where he or she lives is either sold or foreclosed upon? In general, your lease continues if there's a sale, and it ends or terminates when there's a foreclosure.
As a renter, you can protect your rights and interests if you know some things about what happens on the foreclosure or sale of rental property.
Sale Generally, if your landlord sells the rental property where you live, your lease doesn't end or terminate. Rather, the buyer of the property becomes the new landlord, and the buyer, as new landlord, is entitled to the same remedies against you for recovery of rent and for failing to meet the terms of the lease that the old landlord-seller had.
The new owner-landlord can't evict you, can't raise the rent on your existing lease, and he or she must get the security deposit that you paid to the old landlord and then refund it to you when the lease expires.
Likewise, you're bound by the lease and must perform all your obligations and duties under it, such as paying rent, keeping the premises clean, and not destroying or damaging the property.
There's one exception to the general rule that the sale doesn't terminate the lease: if the lease states that it terminates automatically on a sale of the property by the landlord, that clause will be enforced, if challenged in court, so long as the sale was bona fide, that is, not fraudulent.
For example, if your landlord sells the property solely for the purpose of terminating the lease, a court would likely find that the lease did not terminate and that you're entitled to stay on the premises or receive damages for the landlord's wrongful conduct.
Often, the landlord-tenant laws will require your landlord (or the buyer) to notify you of the sale and to give you the buyer/new landlord's name and address so that you know where to make rent payments and who to contact about maintenance and repair issues.
Last edited by Ultrarunner; 06-09-2010 at 03:03 PM..
Reason: Deleted Post
Actually the laws concerning leaseholders' rights are a little different where sale of a property and foreclosure of a property are concerned with a sale of the property being more favorable towards the leaseholder than a foreclosure. Cheers!
Actually the laws concerning leaseholders' rights are a little different where sale of a property and foreclosure of a property are concerned with a sale of the property being more favorable towards the leaseholder than a foreclosure. Cheers!
Yeah. This was just the easiest way to show that "Sorry that you don't understand that a contract is generally between two parties, and cannot be enforced on someone who is NOT a party to the contract" is obviously not correct.
TK, what you fail to understand is that, while a lease IS a contract between 2 parties, one of the parties is the "owner of the property" - and that right/obligation may be transferred from one party to another. The rights and obligations of the "owner of the property may sell or transfer those rights.
You have to keep in mind real estate law which is similar to but slightly different than contract law. While a contract is between 2 parties, just like a mortgage is between two parties, there are certain statutes which take precedence over the stipulations and agreements within the contract. In this case, it's important to understand the real estate has what is commonly referred to as a "bundle of rights". Those rights include but are not limited to ownership of air above and mineral rights below as well as the ability to transfer/lease/sell those rights in whole or in part. In the case of rental property, the right to use (or inhabit) is one stick in the bundle of rights. Just as one can transfer/lease the mineral rights to a corporation, and which corporation may sell its rights to mine or drill, so can an owner of property which is leased/rented sell the contractual obligations and right to collect rent pursuant to another.
Rentals/leases fall within a specific category of contracts and are not strictly a one-on-one, ergo the exemptions to strict contractual law which contracts often have a phrase stating that the contractual obligations may not be transferred, sold, or otherwise assigned but are between the two individuals party thereto. Most leases do not have that specific wording and often have a clause which states that the property itself may be sold, transferred, etc but that the lease/rental agreement transfers with the property.
I'm really not one to usually beat a dead horse but TKramar maintained his self-righteous stance where knowledge of landlord tenant law was concerned. When I challenged him he told me I was wrong, when I came back at him he again told me I was wrong and then he went on to belittle me most rudely. His belittling post was subsequently removed by the moderator.
Having been finally proved wrong, TKramar could have saved grace by reverting and saying something along the lines of, "Sorry, I didn't know that and apologies for casting such aspersions. Mea culpa!"
No, he just decides to ignore the thread but contributes to several others on different CD forums in the meantime. Seems he hates to be proven wrong. He has some issues, for sure.
An interesting but, to me, a rather creepy member of the human race where avoidance is key and a world of hermits is the ultimate. Aargh. Cheers!
I say some good old world MOJO. It's reliable, effective, safe, there's no committment. They will be fleeing for the hills and won't know why! I've tried it and it worked. 100% effective! They won't know what hit them.
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