Do I have to pay rent when given a vacate letter for 2 months?

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Do I have to pay rent when given a vacate letter for 2 months?

I have been given a notice of eviction due to landlord did short sale of house. Do I have to pay rent for the 2 months I will have to find a new place? I need money for security and first month’s rent, plus new hook-ups.

Asked on January 18, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as you are living there, you have to pay rent; if you fail to do so, you could be evicted and potentially sued for the rent you owe under the lease.

The landlord cannot evict you simply because there is a short sale, unless your lease says that he may do this. Otherwise, the new buyer buys the home subject to the lease--that is, the buyer becomes your landlord, for the duration of the lease term. That said, if you do not have a written lease, but only an oral one, you are a month to month tenant and the landlord may terminate your tenancy (i.e. make you leave) at any time so long as he provides at least 30 days notice.


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