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When can the buyer contact the tenants and request information, get new rental agreements signed etc? Do you have to wait until the deal is complete or can you contact them after you signed the papers or even before when you are pretty sure you are going to buy the place?
This is in Oregon if that makes a difference. Thanks
When can the buyer contact the tenants and request information, get new rental agreements signed etc? Do you have to wait until the deal is complete or can you contact them after you signed the papers or even before when you are pretty sure you are going to buy the place?
This is in Oregon if that makes a difference. Thanks
Well if you don't mind pissing off your agent, the listing agent, the seller and maybe the tenant...whenever you want.
More seriously just a practical question. Might be better to work your agent to listing agent to seller to tenant..then talk. Everybody then knows what is happening and nobody gets upset. Keeping all in the loop avoids ugliness at closings...
Here is why I ask.
During the resent sale of the apartment complex I live in we were told 3 times there was a new potential buyer, apparently the deal fell through twice.
On the 20th of the month the last potential buyer mailed each tenant a rental/credit application to complete and return along with a contract addemdum regarding their security and pet deposits they were to sign and return in the self addressed stamped envelopes provided.
On the 26th the manager was faxed a note from the new potential buyer that they had signed the papers that day and would be taking over ownership and management of the property on the 31st.
On the 27th tenants again recieved, in the mail, from this potential buyer yet another "release of information" form to sign and return asap.
On the 30th tenants who had not signed and returned the documents recieved yet another copy o all the previous documents with a request to sign and complete them immediately.
On the 31st the new owners showed up, gave out 24 hour notices that they would be entering the tenants property, but not the interior of the units, the following day and for the next 60 days, at will.
I just dont think these new owners know what the hell they are doing, I think they and/or their realtor have violated the law and I want to know if I am right.
You never received a notice or letter from the owner of the property about the sale, introducing the new owners and what to expect? Strange.
What does the addendum say? Is it just transferring the deposits and such or is it changing the lease entirely?
Call the local agency for tenant/landlord issues or speak with an attorney.
Here is why I ask.
During the resent sale of the apartment complex I live in we were told 3 times there was a new potential buyer, apparently the deal fell through twice.
On the 20th of the month the last potential buyer mailed each tenant a rental/credit application to complete and return along with a contract addemdum regarding their security and pet deposits they were to sign and return in the self addressed stamped envelopes provided.
On the 26th the manager was faxed a note from the new potential buyer that they had signed the papers that day and would be taking over ownership and management of the property on the 31st.
On the 27th tenants again recieved, in the mail, from this potential buyer yet another "release of information" form to sign and return asap.
On the 30th tenants who had not signed and returned the documents recieved yet another copy o all the previous documents with a request to sign and complete them immediately.
On the 31st the new owners showed up, gave out 24 hour notices that they would be entering the tenants property, but not the interior of the units, the following day and for the next 60 days, at will.
I just dont think these new owners know what the hell they are doing, I think they and/or their realtor have violated the law and I want to know if I am right.
There is no laws that were broken?
How big is the complex?
My initial thought is that any new owner, can not request any of that document until your lease expires, this includes a pet deposit. (this might vary state by state though) but when an individual buys a building, they buy the tenants currently in place, under the current leases.
Any rental/credit applications, would be passed from the seller to the buyer.
If he violated the law? There would be no reason for them to even notify you if they are entering the property, but not the rental units.
If its a big complex, I'd assume that there are other issues in the complex and that they are just sending out blanket letters to everyone so they can deal with the couple of troubled issues. Ususally the larger the complex, the less likely a tenant would even notice a change of ownership though.
what laws protect tenants rights before a prospective owner takes over?
The prospective owner sent tenants credit and rental applications/forms to complete and sign so they could check their credit etc..... they also sent release forms so they could obtain information form some tenants HUD files.
the addendum's just verified security and pet deposits.
The property manager at the time gave us a letter stating the new owners would be taking over on 7/31/07 and all rent would be paid to them etc. This letter was given AFTER the prospective owners had sent tenants several documents to sign and release info. The prospective owner called the manager, admitted he had been "violating the law" by contacting the tenants and asked them to "smooth it over" that he was just so "excited" to take over the property. But then he still sent out one more mailing after that, which was also before the 31st when he was legally allowed.
The buyer even told the manager his lawyer actually banned him from stepping foot onto the property or sending any more documents to tenants until 7/31 because he was breaking the law by contacting tenants for such personal information before he had legal rights to the property. Though he still sent one more mailing requesting information before the 31st.
We know he violated landlord tenant laws after he took over but by requiring tenants sign new lease agreements and implementing drastic rule changes that no one agreed upon and significantly changed the tenants use of the common areas and such.....But we don't know which laws he broke by sending requests for tenants to fill out credit and rental applications before he even owned the property?
Sorry, forgot to mention, its a 12 unit complex.
Many of the tenants were upset and disturbed that a basic stranger, who did not own the property or have legal rights to the property but was only a prospective buyer could or would request social security and drivers license numbers and signed releases allowing them to do credit, back ground and criminal history checks on them......
Last edited by KeepitQuiet; 01-24-2008 at 10:39 AM..
Reason: did not answer all questions asked
On the 31st the new owners showed up, gave out 24 hour notices that they would be entering the tenants property, but not the interior of the units, the following day and for the next 60 days, at will.
Due to my own tenant being so unavailable when she lets me know a repair needs to be done I've been having to brush up on landlord rights. If she calls for repairs I do not have to give notice as in the case of an emegency.
Any other time I have to give 24 hour notice and state the purpose of the entry, the time of the entry and for how long I will be there.
This falls under Quiet Enjoyment.
We know he violated landlord tenant laws after he took over but by requiring tenants sign new lease agreements and implementing drastic rule changes that no one agreed upon and significantly changed the tenants use of the common areas and such.....But we don't know which laws he broke by sending requests for tenants to fill out credit and rental applications before he even owned the property?......
Just guessing here w/o allot of thought, but perhaps a law was broken when a person who does not own the property had people filling out rental applications was broken. You either have to be an employee of the owner, the owner or a real estate licensee when executing rental forms at least here in my state. If a licensee was involved executing the rental forms, they have to have a written agreement with the owner stating their authority. (Still was wrong if not a new owner yet)
Also, the new owner would inherited your existing leases until their term is up. They can't just throw a new one out to you and tell you to sign it because the place sold/selling. If a real estate licensee was involved, or perhaps even a non licensed property manager(in NM) they fall under real estate law and answer to the real estate commission authority licensed or not if they are doing real estate practice.
I wish I could find out which Real estate law the new owner violated when contacting tenants for releases and such before they even owned the property? The realtor had to have given them the tenant contact information to begin with so they may have violated Real Estate Laws but which ones? Guess I need to contact the real estate commission and file a formal complaint, if thats possible?
I am aware landlords have 7 days to make repairs after a tenant request without giving notice of entry but my landlord never makes any repairs, just enters, vandalises, intimidates, harasses, threatens.....no repairs.....The Albany Police Department would arrest him for his actions if her were anyone but the landlord but as the landlord they claim it is a "civil" matter.....no kidding....the landlord can enter any time day or night, say, do or take anything and the police consider it a "civil matter" not a criminal one!!!
I wish I could find out which Real estate law the new owner violated when contacting tenants for releases and such before they even owned the property? The realtor had to have given them the tenant contact information to begin with so they may have violated Real Estate Laws but which ones? Guess I need to contact the real estate commission and file a formal complaint, if thats possible?
I am aware landlords have 7 days to make repairs after a tenant request without giving notice of entry but my landlord never makes any repairs, just enters, vandalises, intimidates, harasses, threatens.....no repairs.....The Albany Police Department would arrest him for his actions if her were anyone but the landlord but as the landlord they claim it is a "civil" matter.....no kidding....the landlord can enter any time day or night, say, do or take anything and the police consider it a "civil matter" not a criminal one!!!
It is a civil matter. You don't get a vote. Nor do I.
Nor can you counter harrass the landlord. If there are any violation of the law and there may not be...it will be minor. How were you hurt? What damage was done? The agencies and the courts tend to treat technical violations as,,,well...technical violations. The tell the LL to sin no more. Unless a history is established they won't do much.
If the LL is harassing you check for any Landlord/Tenant Agnecy or such. If not get a lawyer or try for legal aide if not able to afford a lawyer.
It is possible to get a restraining order. If you are home when this goes on add a dead bolt and don't let him in. Generally he has to give 24 hours notice though that is a local law thing.
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what laws protect tenants rights before a prospective owner takes over?
