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My mother rented a house in Arkansas on September 20. On that day, she paid the deposit and the first month's rent, with an agreement that the rental period would run from the 20th to the 20th of each month. There was no written lease, just an oral agreement. That concerned me, but it is standard for the small town where my mother lives.
When she went to look at the house, there was a for sale sign. My mother asked about this, telling the landlady/owner that she was not interested in renting a house that would be sold out from under her. The landlady told her my mother that she no longer planned to sell the house, but was still under contract with the real estate agent until December, but that she would not be accepting an offer if someone wanted to buy. With this assurance, my mother rented the house.
My mother resigned her second job as a residential apartment manager, which had provided an apartment as compensation, and she and my father moved into the rented house on the first weekend of October. We only completed moving their things last week.
Today, the 19th, my mother came home and found a note on the front door from the landlady. It said that the house had been sold on the 12th of October and that my mother had to be out by the 12th of November.
First of all, my understanding is that my parents have at least one month from the date the next rent payment is due, the 20th, not from the sale date of which they had no knowledge until today.
However, this landlady flat out lied about her intention to sell. My mother would not have rented (or quit her job that provided housing) without the promise that the house was no longer for sale. To move again, they will incur a second set of moving costs, utility transfers, etc. - not to mention that it is a small town with very little available housing.
Is there any way to force this landlady to honor her verbal promise? If not, I want my parents to demand that she pay for the movers, utility transfers, and an immediate and full return of the security deposit. She ought to be forced to return all rent monies paid last month, frankly.
I should also mention that the heat and one of the bathrooms have been non-functional since they moved in, despite the landlady's promises to call a plumber and heating repair person. I guess we now know why she didn't bother.
Can anyone offer any advice as to how my parents should proceed?
Since your parents do not have a signed, written lease, they are a bit out of luck as they would be considered Month to Month tenants. I'm not sure about the laws in your state (probably available to search on-line), but usually they require a 30-day notice as you guessed above. First, find out if the house sale has closed. The LL may not have a dog in the fight if the house has closed already. The new LL would have to deal with it. If it has not closed, have your parents write (it must be in writing CRRR) inform the LL that they have no intention to move out until the end of the rental term (give the date) unless she would like to buy out the remainder of the rental term. I would also file in small claims court for all moving expenses, etc. as the LL committed fraud against your parents. It is clear that a deal had to be in the works before they moved in. You could subpeona the sales contract, the realtor etc. and would probably have a pretty good case. Make sure you document all communications and anything else that happens.
Since your parents do not have a signed, written lease, they are a bit out of luck as they would be considered Month to Month tenants. I'm not sure about the laws in your state (probably available to search on-line), but usually they require a 30-day notice as you guessed above. First, find out if the house sale has closed. The LL may not have a dog in the fight if the house has closed already. The new LL would have to deal with it. If it has not closed, have your parents write (it must be in writing CRRR) inform the LL that they have no intention to move out until the end of the rental term (give the date) unless she would like to buy out the remainder of the rental term. I would also file in small claims court for all moving expenses, etc. as the LL committed fraud against your parents. It is clear that a deal had to be in the works before they moved in. You could subpeona the sales contract, the realtor etc. and would probably have a pretty good case. Make sure you document all communications and anything else that happens.
Thank you for the fast reply. What does CRRR stand for?
French, I am sorry to hear your parents have been put in this situation. I bet it is common for these unwilling landlords to take the first offer that comes along.
I agree with Ultrarunner but I would also check if it the closing went through and due to all this...move out and find another place...
It seems weird if your parents had nobody come to check the house which is pretty normal when it get sold....home inspector, a buyer checking on things...a final walk through...if all that didn't happen the LL might be lying and you can take her to court for several things...but first try to get her to answer some things in writing, even in an email...so you have proof in court since you don't have a lease...emails will bring you a long way! Check the public records and property appraisers website, but first try to have the Ll to amit in an email the place has been sold...to me there is a huge red flag!
My parents found another house to rent, one with a lease, and have moved. They are exhausted and still unpacking. They plan to file in small claims court for the moving and utility transfer expenses. They may not win, but are going to try.
Ironically, the sale of the other house did fall through. We don't know why. On the day we were moving the last of their stuff, the old witch, aka previous landlady who lied and sold, called having a fit. My 88 year old grandmother answered the phone, listened to the abuse for about one minute, and then hung up.
The old landlady seemed to be accusing them of screwing up her sale by insisting on the 30 days to find a new place and move, as required by Arkansas Landlord Tenant Law. I rather doubt the delayed closing messed up the sale though, or she'd have known that when we first insisted she follow the law. I suspect she's just mad because now she has no tenant paying monthly and no sale. Serves her right. Sometimes we get to see justice happen.
Thanks again. I mentioned the help we got from this forum to a friend and she has question for the forum, but I'll start another topic for that.
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