What to do if I received an eviction notice today taped to my door and the owner says she is selling the house next month and I am to be out in about 10 days?

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What to do if I received an eviction notice today taped to my door and the owner says she is selling the house next month and I am to be out in about 10 days?

Asked on December 19, 2011 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your written lease does not state that your tenancy will terminate in the event of a sale of the property,  then the fact that she is selling the property does not require you to leave or terminate the lease. Rather, the buyer will purchase the property subject to the written lease and becomes your landlord for the rest of the lease term.

If the lease allows the landlord to terminate your tenancy on 10 days notice, that is enforceable; but again, if there is a written lease, there must be something in it allowing termination of you tenancy in these circumstances, or else your tenancy will continue for the balance of the term.

If you do not have a written lease, then you are a month to month tenant, and your tenancy may be terminated on 30 days notice--but not on 10 days notice.

The landlord is free to offer  you something--e.g. money--to leave early.

 


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