I am a Tenant at will without a lease. My landlord is selling the house. When it is sold what are my rights and options? Am I able to recieve money?

Asked by Mrs.tyler, Nashua, NH Wed Oct 28, 2009

to relocate? Does the new owner have to go through the legal eviction process?

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Tandsremodel…, Home Buyer, New York, NY
Thu Oct 13, 2016
I live in the house for about 6 years and now the house in foreclosure how can I purchase
0 votes
Ginger, Home Buyer, Nashua, NH
Wed Apr 20, 2016
You could be rent controlled, as New York city has rent control and in this case you DO NOT HAVE TO MOVE. You can stay put at your current rent. Contact your local housing dept for more info. If you did agree to move, the owner would have to pay you relocation fees which are aimed at compensating you for your move and the rental increases you will be paying for next few years. In Los Angeles rent controlled tenants are paid 12-25k+ depending on variables to permanently relocate. This is in effect if you have a lease or not because you have been living there and paying, you are a tenant.
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aaaaaa, Renter, Brooklyn, NY
Wed Nov 14, 2012
I have a month to month lease and the homeowner is selling the house. What are my rights if I'm served a notice to evict but am unable to find a comparable apartment in the time the landlord has given me to move? I have two young children and the real estate market in New York is scrupulous.
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lizbarbosa35, Renter, San Jose, CA
Sat Oct 6, 2012
watts my rights has a tenant when im getting evicted by my sister but she never told me
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Scott Godzyk, Agent, Manchester, NH
Tue Nov 24, 2009
Mrs Tyler, You should ask the intentions of the new owner. In most cases if a buyer is buying a house with a tenant, and they will be moving in, they will request the tenant be evicted prior to purchasing it. If you want to stay there, and it is an investment, by alol means the new owner will probabily want you there. Simply ask your current landlord what their intentions are and perhaps ask for the buyers agent name and number so you may contact them to negotiate. It will be mor ein yoru best interest to negotiate than go through an eviction that will tie up your time and could put a blemish on your credit report. Good luck working things out
Web Reference:  http://www.ScottSellsNH.com
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Beverly Hill, , Nashua, NH
Mon Nov 16, 2009
Hi Mrs. Tyler,
Do you even know if the new buyers plan on moving into the home? Is it possible they want it as income property? Just a thought.
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trulia, , 03063
Fri Nov 13, 2009
Unfortunately without signing a lease you don't have to many rights. That is what protects your rights. In your situation you will be required to vacate when asked to by the owner, assuming you were given 30 days notice. But as others have stated, don't make the owner go through the eviction process to force you to move. This will ruin your possiblilty of getting a good reference from him and make it harder to find another good place to live and effect your credit report as well. Next time ask for a lease, even if it is just a month to month lease if you aren't wiling to commit to a year. So that you know what your rights are and have everything in writing ahead of time.
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Ken Lambert, , Exeter, NH
Mon Nov 2, 2009
Hi Mrs. Tyler- Sorr y that it looks like you'll need to move. I know a lot of apartment/ house owners in Nashua. If you are looking for another place, feel free to email me with any needs or requirements, and maybe I can help you find something quick.
But I agree with below, signing a lease protects you as well as the landlord. Even a tenant at will lease.

Thanks, and good luck,

Ken L.
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Grace Hanamo…, Agent, Cupertino, CA
Thu Oct 29, 2009
Hello Mrs. Tyler and thanks for your note.

Absent a formal lease agreement, the assumption in most states is that you and the property owner have agreed to a month-to-month rent on the home. As a result, provided you were given at least 30 days notice of an impending sale, you will be required to vacate the property at the end of the 30 day period. In most cases, a home sells better occupied than vacant, so the landlord is likely to allow you to stay for a bit while the home is up for sale, but you will be required to leave on the date when noted by your landlord. Provided that the home is left in good condition, you will be entitled to the return of your security deposit. Otherwise, should you choose to violate your month-to-month rental agreement and remain on the property past the vacancy date, you may be responsible for all legal charges associated with your eviction, so I would not chance this. Remember, your actions now may have consequences in trying to rent another home in the future.

Your best bet is to cooperate and to be prepared to move upon sale and close of escrow. In the future, if you wish to secure a more permanent rental, be prepared to sign a one year lease, which will entitle you to lease the unit for one year and, should the home be sold before that time, you might (if you word the lease correctly) be entitled to the moving expenses to vacate the premises.

Good luck!! For more information about your renter's rights in your state, contact your local real estate attorney.

Grace Morioka, SRES, ePro
Area Pro Realty
San Jose, CA
0 votes
Holly Keating, Agent, Glastonbury, CT
Wed Oct 28, 2009
Mrs. Tyler:
Since you knew ahead of time that your landlord was selling the house, the only money you may be entitled to is your security deposit if in fact the property is not damaged. Why would you want the new owner or existing one to go through the eviction process? First of all, you would want to be able to give your new landlord your previous landlords name and phone number so you could get a good reference. Having the landlord evict you will go on your credit report, and make it that much harder for you to get a good reference. Taking you to court for the eviction process is one way to handle getting you out of there, but, I would recommend meeting the new landlord and asking if you can sign a new lease with him,and make sure you pay on time. As a landlord the laws are different in each state, however whenever you dig your heels in and play tough, the landlord will take on a tough attitude as well. It is human nature for people to react the same way they have are being treated. It is much easier to be nice and polite than difficult and defensive. Good Luck
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