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Tampa Bay Tampa - St. Petersburg - Clearwater
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Old 11-26-2012, 05:06 PM
490 posts, read 753,391 times
Reputation: 368


Originally Posted by breezyshore View Post
i'm 6 months into a 1 year lease agreement. the owner wrote me to say he is putting house on the market for sale while I'm still under lease and living here. what are my rights regarding this? there isn't a provision in contract addressing this possibility. NC resident.
The general rule is that your lease will transfer to the new owner (i.e., the fact the house was sold doesn't mean your lease terminates). You should confirm with your landlord and/or the landlord's realtor that the lease is being disclosed to prospective buyers upfront (as is legally required), because the last thing you want is the new owner's moving truck showing up while you're at work one day.

6 months is not a very long time in the world of home buying/selling. If the buyer is aware of your lease, they will probably just structure the deal so that it closes after your lease ends, and you're a non-issue to the buyer. Really, just getting a sale complete in 6 months is pretty fast.

Just the same, I'd recommend periodically following up with your landlord so that, if the house goes under contract, you know about it. There's a chance that the new buyer will want to rent the place out, and, in any event, you'll need to know when closing is and who you pay your rent after closing.

If you weren't planning to renew, now is a great time to ask your landlord whether it's in everyone's best interest to agree to terminate the lease early. You don't need to rush that process, either. Plan for something like 60 or 90 days from now -- it's highly unlikely that the house closes that fast, and that's plenty of time for you to find a new/better place and move.

One other note: earlier in this topic, someone cited the statutory notice reuqirements for termination of a "tenancy at will." Your lease has a term (1 year) that hasn't expired yet, so you don't have a "tenancy at will."
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Old 11-26-2012, 07:42 PM
Location: Tampa, FL
3,237 posts, read 4,646,835 times
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Chances are the house wont sell anyway. You can certainly do your best to leave it a mess so they cant show it.

Leave toilets unflushed, let roaches run wild... be creative
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Old 11-27-2012, 04:21 PM
13,773 posts, read 32,258,786 times
Reputation: 10485
If you live in NC you might want to ask in that forum. Rules can vary from place to place
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