If my landlord sold my apartment, can the new owner raise the rent if there is no lease?

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If my landlord sold my apartment, can the new owner raise the rent if there is no lease?

I am currently paying month-to-month on my apartment, with no lease signed. My landlord just sold the property, and the new owner mentioned he will be raising my rent. Are there any laws to protect me from this?

Asked on September 27, 2011 under Real Estate Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, you have two strikes against you. First of all, you do not have a written lease with the landlord. You are currently on a month to month as a hold over essentially, which means that as long as the current or new landlord gives you 30 days notice, you have no choice but to vacate the premises. You do not have a legal right to the premises. The second strike against you is that your holdover is not even something that the new owner/new landlord has to necessarily acknowledge because he or she has not been in a legal binding agreement with you or accepting of the holdover. So, he can allow you to stay as long as you like, but since you do not have a lease agreement freezing the rent either the current landlord or new landlord, the new landlord is free to raise your rent within the confines of the statutory law in your state. By confines of the law, I mean that in many states, the rent can only be raised a certain amount per year but that usually involves the same tenant with the same landlord. The new landlord may not even be subject to that law the first calendar year in which he or she owns the property.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, the new owner can raise the rent.  You have a month-to-month tenancy and the new owner can raise the rent after giving you thirty days written notice of the rent increase.


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