What can we do when the bank has told the landlord that we have to move out before the house can be put on the market?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can we do when the bank has told the landlord that we have to move out before the house can be put on the market?

We a signed lease good until May. We are set up to move but not until November. They want us out the end of Sepembert. This will put us on the street.

Asked on August 27, 2010 under Real Estate Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

That is ridiculous!  The lease is a binding contract and you can hold the landlord to it. Why would the bank tell the landlord that you have to leave? That does not wound right.  What else is going on?  First let's start with the lease: read it.  Does it have a termination clause?  I doubt it.  So the landlord can try and get you out voluntarily (which you do not want to do) or can evict you on the basis of some form of breach or for "cause" under the law.  Otherwise, the landlord is in breach.  I would speak with an attorney and discuss your options:  having them pay your moving expenses and a fee to finding a new place; staying put; whatever the law allows.  But do not be intimidated.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The bank is free to "say" anything it likes. However, if you have a signed lease that is good until May, then--so long as you comply with all terms (including certain unstated but implied terms) under the lease (pay rent, don't damage property, don't disturb other tenants, etc.), the landlord cannot make you leave until the lease is up. The lease is a contract, and it binds both parties.

Note that if you are "set up to move" in November, but the lease is until May, then unless the landlord agrees to let you move in November (if he does, get it in writing!), you could liable for rent from November to May (end of the lease).

The landlord is free to try to make it worth your while to move earlier, of course--he can offer you key money, pick up your costs to rent or stay in a hotel (and store belongings), etc. If it matters so much to him, see what he'll offer you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption