If my rental is sold, what are my rights if the new owner’s want to move in?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my rental is sold, what are my rights if the new owner’s want to move in?

When I was looking to rent, a realtor was involved. She told me about this home and that the owner was going to sell it, but the contract fell through. Subsequently, upon meeting the owner, I asked her point blank are you looking to sell? If so, I don’t want to consider renting because I needed to rent for a specific period of time. She assured me she was no longer interested in selling the home. Then 2 weeks after I moved in, she signed a contract and subsequently sold the home. I signed a lease with her for 2 years, what’s my recourse?

Asked on September 12, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read your written lease between yourself and your current landlord in that its terms control the obligations owed to you and vice versa in the absence of conflicting state law. If your written lease with your current landlord is for two (2) years, then even if the owner of your rental (landlord) sells it to a new owner, the new owner is obligated to have you remain for the balance ofyour term under the lease even after title transfers from one owner to another.

Most likely you will be provided with a "tenant estoppel" certificate to fill out before the sale. This document is designed to provide information to the potential buyer of the rental as to the terms of your lease and any problems with the rental.

Recourse: If you wish to remain in the rental for the balance of your agreed upon term, you can.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption