What are my rights as a tenantin a home being sold on a short saleif Ihave a lease?

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What are my rights as a tenantin a home being sold on a short saleif Ihave a lease?

I’m currently renting a home that I have a lease for the next 2 1/2 months. The home to set to close in a month; it’s a short sale. My landlord emailed me a 30 notice today. I paid first ,last month and security upon moving in. My landlord told me today she will not give me last months rent (which I already paid this month) and security until I move out. Can Istill stay until the end of my lease? We have no place to go right now but we are looking. What are my rights as a tenant? The reason for the 30 days notice is because they want to close on the house in a month.

Asked on June 15, 2011 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It generally depends on where you live.  In California, for example, the answer depends on whether the purchaser had notice of the lease agreement. Notice can mean actual notice, or it can mean constructive notice, meaning that the purchaser may not have actually known about the lease but should have known. Purchasers usually do not have actual notice of a pre-existing lease, but California courts commonly find that a purchaser should have know about the lease if the renters were occupying the premises at the time of the short sale. If the purchaser had either actual or constructive notice, the new owner must honor the terms of the lease. In other words, the new owner can change the lease or evict the renters only to the extent that the old owner could have. In effect, the new owner steps into the shoes of the old landlord. So you would be safe until the end of the lease. Please check with someone in your area as to the law.  Good luck.


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