Can the landlord kick me out of my home with 30 days notice if we are in a one lease agreement so she can sell the home?

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Can the landlord kick me out of my home with 30 days notice if we are in a one lease agreement so she can sell the home?

I am a tennant. I signed a one year lease with my landlord in January 2009. My landlord phone me yesterday and wants to give me 30 days notice to move out because she wants to sell the property quickly because she may lose it to foreclosure. A lis pendes has been files but no hearing has been scheduled. Do i have a right to stay in the home if my rent is on time? Should i pay my rental to the landlord or to a court registry?

Asked on May 29, 2009 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Absent specific language in your lease allowing for this, your Landlord has no right to terminate your lease under the circumstances.  Your lease must be honored.  If she wants to sell she can but the new owners must would have to buy subject to your tenancy; that means you could stay until the expiration of your lease term. 

But note, as long as your landlord remainds the legal owner of the property your duty to pay rent to her is still in effect.  If you stop paying her, she can move to evict you. 


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