What to do if my landlord is selling his house in short sale and has given me a week to move out?

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What to do if my landlord is selling his house in short sale and has given me a week to move out?

He said he will have the sheriff office take us out of the place in just a few days if we do not comply. How long do I have to move?

Asked on November 21, 2012 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You do not have to move just because your landlord is selling the house, short sale or otherwise. Any buyer takes the house subject to all leases--that is, the buyer becomes your new landlord under the existing lease.

If you don't have a written lease, or you have a written lease that is month to month, you are a month to month tenant; that means that either the current landlord, before he sells, or the buyer, after the sale, can give you 30 days notice that you must leave--but you have to get that month's notice, unless you give them some other good reason to evict, such as not paying your rent. Your current landlord cannot make you leave in just a few days; that is illegal.

If you have a written lease for a definite time period, such as the traditional one year lease, then you cannot be evicted by either old or new landlord until the lease expires, unless you give some good reason for eviction, like not paying rent or violating the terms of the lease, or unless the lease specifically states that the landlord can terminate it early upon notice (in which case, the landlord must provide however much notice the lease requires).


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