What are a landlord's rights if tenant breaches a condo rider?
Question Details:
Tenant signed 2 year lease along with condo rental rider indicating if landlord sold the unit within the 2 year lease time, they will offer 120 day notice and 3 different options to help tenant move or relocate within condo building. There is still approx. one year left on lease and landlord told tenant she needs to sell (short sale) and tenant refuses to vacate. Can landlord evict based on condo rider? Tenant signed and had knowledge of the possibility and landlord offered $1,000 moving expenses and 3 other options with help from management company managing unit for landlord.
Maybe - it would depend on the language of the rider and the lease in general. Don't expect the eviction process to be a quick one, however, as required notice would have to be given, the lease terminated, and the eviction process started (which can take a couple of months by itself).
It depends on exactly what the rider says. If the rider said that the tenant MUST move out, as long as landlord provides the required notice and assistance, then yes, the landlord should be able to evict based on it. As long as landlord complied (e.g. long enough notice; 3 options), then if tenant does not move, tenant is in breach of lease and can be evicted.
If the rider did not make tenant's vacating the space mandatory however--if it just said that in the event of a sale, landlord would give tenant 120 notices of the sale and make relocations available--then tenant does not need to move. So the question turns on the exact language of the rider, and whether it only limited landlord, by requiring certain actions in the event of a sale, or whether it also obligated tenant to move out.
