What are a tenant’s responsibility to pay rent if their house is being sold and they have no lease?

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What are a tenant’s responsibility to pay rent if their house is being sold and they have no lease?

I was renting a place and the owners sold the house. They told us that we had to move. We didn’t pay the last 2 months of rent so we could move out; there was no lease or written agreement done. Now they want to garnish our wages for that rent. Are they allowed to do that if there was no written agreement and she sold the house while we were still living there?

Asked on September 11, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country if the landlord and tenant do not sign a written lease for a specific term for the occupied unit, the law presumes that the lease is a month-to-month lease. You have such a lease per the facts of your question.

Given this situation, the new owner of the unit you rent on a month-to-month basis is required to give you a thirty (30) day notice of termination of your month-to-month lease so you are on notice to move in that time period.

If your wages are being garnished supposedly, then there most likely is a judgment against you for unpaid rent. I suggest that you consult with a landlord tenant attorney about your matter as soon as possible so that you can understand what your legal options are.


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