Recently rented an apartment, paid realtor fee, house sold, asked to leave... (lease, tenant)
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I searched and found threads similar to my issue, but none were quite the same.
I recently rented a studio apartment at the very beginning of August through a real estate agency. I paid the realtor his fee of $900, the security deposit for $900 and first month's rent for $900.
Three days after I move in, he (the realtor) brings people (interested in buying the home) to look at the house. Much to his surprise, I was home (I had mentioned that I'm usually not home on the weekends). I ask him if I should worry, and I also ask him why I wasn't told that the house was for sale, as I would not have rented the apartment if I knew that beforehand. He mentions that "It's not really being advertised, they're just old friends of the owner. I wouldn't worry about it. This house won't be sold for probably another year or so." Fast forward two and a half months later (Oct. 22 - Monday of this week), and the house is being sold.
I'm being asked to leave as the new owner does not want a tenant, and the only thing I've gotten from the realtor was an apology - I was also told, "I feel bad for you, so I'm going to try to put you into a similar apartment pro bono. I won't charge you my fee." I read that statement as, "I'll put you in a new place for 'free,' but you won't see a penny back from the $900 you gave me two and a half months ago."
My question is, can I legally ask to be refunded some or all of that money back? Clearly, he and the owner both knew that the house was being sold, but decided to put me into the apartment anyway. Unfortunately, I did not sign a yearly lease.
More than anything, I feel cheated and simply want to know what steps I can/should take if it makes sense to/if I can. Thank you in advance.
I recently rented a studio apartment at the very beginning of August through a real estate agency. I paid the realtor his fee of $900, the security deposit for $900 and first month's rent for $900.
Three days after I move in, he (the realtor) brings people (interested in buying the home)...
I'm being asked to leave as the new owner does not want a tenant
Unfortunately, I did not sign a yearly lease.
My question is, can I legally ask to be refunded some or all of that money back? [/quote]
You can *ask* for anything.
1) Use the links above to find YOUR state law specifics
2) Be prepared to play some hardball on the moving out timeline.
2a) Do some more reading HERE
You are probably not entitled to much. That is the problem with paying a realtor fee and not having a yearly lease. You are guaranteed nothing. You can play hardball with the moveout if you want. Likely it will take owner some time to evict you if you refuse to leave. You can basically say "you screwed me, I'll ********* unless you cover the fee".
Are fees normal in your area. If so then maybe if the old realtor finds you a place you won't be out too much.
I searched and found threads similar to my issue, but none were quite the same.
I recently rented a studio apartment at the very beginning of August through a real estate agency. I paid the realtor his fee of $900, the security deposit for $900 and first month's rent for $900.
Three days after I move in, he (the realtor) brings people (interested in buying the home) to look at the house. Much to his surprise, I was home (I had mentioned that I'm usually not home on the weekends). I ask him if I should worry, and I also ask him why I wasn't told that the house was for sale, as I would not have rented the apartment if I knew that beforehand. He mentions that "It's not really being advertised, they're just old friends of the owner. I wouldn't worry about it. This house won't be sold for probably another year or so." Fast forward two and a half months later (Oct. 22 - Monday of this week), and the house is being sold.
I'm being asked to leave as the new owner does not want a tenant, and the only thing I've gotten from the realtor was an apology - I was also told, "I feel bad for you, so I'm going to try to put you into a similar apartment pro bono. I won't charge you my fee." I read that statement as, "I'll put you in a new place for 'free,' but you won't see a penny back from the $900 you gave me two and a half months ago."
My question is, can I legally ask to be refunded some or all of that money back? Clearly, he and the owner both knew that the house was being sold, but decided to put me into the apartment anyway. Unfortunately, I did not sign a yearly lease.
More than anything, I feel cheated and simply want to know what steps I can/should take if it makes sense to/if I can. Thank you in advance.
Did you sign a lease? To me that is not clear from your post. If the realtor didn't disclose thatbthebhouse was also on the market for sale than you can report the agent to his broker and go from there. That would be called " mis- representation" and can be cause for action against the agent by the licensing board.
If you are month to month you will need to leave but if you have a lease than you can stay until the end of the lease since sale won't break a lease or you can settle for example by having the new buyer pay your moving costs and one month rent...something you can negotiate.
Even if you do not have a lease, you are still considered a tenant and cannot be thrown to the curb. This summer, we were in the process of buying a home with a tenant. The tenant desperately wanted to purchase the home, couldn't afford it, stopped paying rent for months before the house was on the market. We went under contract with the condition that the house would be vacant. The tenants wouldn't leave and had to be taken to court. They were finally legally evicted, yet they delayed closing for over a month.
So, my point is, you can't just be told to leave. I would recommend finding another place to live and take the realtor up on her offer of no fee. If you had a lease, the new owners would have to honor it. It seems odd you paid a realtor fee but did not have a lease.
You must get an official notice to move. Look for your state's landlord tenant law to see how many days notice you should get when on "month-to-month" lease. This is what is default usually when no written lease. The state's landlord tenant laws are also default as far as lease terms since no written lease.
Maybe it is 15 or 30 day written notice. See if written notice (not verbal) is needed.
You are still due your security deposit return even if new owners...as long as you didn't damage property (per normal security deposit rules in your state.). Make sure you have receipt for security deposit or something in writing that shows you paid it. In case you have to fight to get it returned. Check your state law on rules for its return. it is usually either 15 or 30 days after move out. Many states landlord must send official written notice with special wording if they are taking any funds out. if they dont send this notice on time then often, by default, you are due entire deposit back(varies by state).
See if there is any contract you signed with the broker when you paid the $900 fee. I bet there is and this is why she is being nice and allowing you a free service to find another rental. take her up on it and you are not "out" the $900. Be nice to her and let her place you elsewhere asap for free. Then you are out your cost to move and the hassle of moving. But no money lost as long as new landlord doesn't try to keep the security deposit.
If the realtor finds you another place for free, its the same as if you had moved to the second place to begin with. Moving again is a hasle and expense, but the realtor is also on the hook for having to do the free service for you.
I have seen on here if someone buys a rental property with the intent of moving in, they have the right to kick you out with a 30 day notice regardless of lease.
If the realtor finds you another place for free, its the same as if you had moved to the second place to begin with. Moving again is a hasle and expense, but the realtor is also on the hook for having to do the free service for you.
I have seen on here if someone buys a rental property with the intent of moving in, they have the right to kick you out with a 30 day notice regardless of lease.
Not true....! If there is a lease than the lease has to be honored.
What you are talking about has to do with foreclosures ....
Well he is willing to find you another place Free! And you should get your deposit back...IF you didnt damage anything. I would just move cause if you stay its going to be a big hassel leagaly & you still need a place to move to & chances are you wont get Free help finding something.
Not true....! If there is a lease than the lease has to be honored.
What you are talking about has to do with foreclosures ....
No, there are actually states where the new owner (or existing owner) can break the lease if the owner intends to owner -occupy. New Jersey, maybe? And a couple of other states, besides. Also, in some states, an owner can remove a tenant on rent control if the owner moves into the unit.
It sounds like the OP was on month to month, so none of that lease breaking stuff applies, anyway.
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