Expert: Hans Weber, Licensed Broker Associate - 5/10/2010

Question
QUESTION: The owner is selling the house while we are living here and are month to month tenants.  The lease automatically converted to month to month after the first year.  We have NOT been given a formal notice to vacate.  The landlord has only sent me an email stating the tentative closing date on the loan for the new buyers, if it is approved by the bank.  

The closing date is currently less than 30 days away if the tentative date holds.  Based on the buyers comments, they intend to close on that date and we are not welcome to stay.  The home is being purchased for the buyer to move into and will not remain a lease type property.

What rights to I have as a tenant.  The rent is current and has been kept current for the entire length of the lease and subsequent month to month tenancy.  

Can they sell this and force us out without formal notice?

Is the email of tentative closing considered a notice to vacate?

Do we have any recourse from the threatening remarks from the buyer that if we don't get out before closing they will "throw us out on our ass"?

There have been verbal conversations with the landlord but no definite date to vacate and no solid closing date as of today.  
Is verbal considered legal notice to vacate?

What rights to we have?

This is not an apartment, this is a single family home.

URGENT REPLY REQUESTED....please?

ANSWER: Dear David,

Thank you for your question.

I do not know what state you are in.

A big issue here is the closing date which in my state, New York, is not written in stone. The landlord is not giving you notice because he does not want you to leave before the closing so he doesn't lose any rent.  You need to directly ask the landlord for a date or go find another place and give the landlord notice.

Regarding the notice to vacate please refer to your original lease.  The terms of the lease should continue in the month to month part.  A judge would base his decision on the original lease.  It sounds like your landlord is trying to do the right thing by telling you about the sale and tentative closing. He does not know when it is nor does the mean buyer.  The loan is not yet approved and may never be in today's mortgage world.  

The buyer buys the house with the lease as part of the house and the sales contract should have details of it.  You should have been advised of the terms.  Ask the landlord for a copy of the contract.

The seler needs to prove he notified you to vacate according to lease terms.  The buyer has to abide by those terms too.

My advice to you is to not wait for them and look out for yourself.  Find another place to call home.  

I hope you do.  Good luck.

Hans

---------- FOLLOW-UP ----------

QUESTION: I am in New York State.  I am currently looking for alternative housing already as I do not feel that my rights would be honored under the new owner.  (I was actually told this by the potential new owner).

My questions are:

What constitutes formal notice from the landlord to vacate?  Is oral ok or is it required that the notice be written?

We are month to month at this point.  Where do we stand with either the current landlord or the new buyer at this point.  June 1 is not that far away and we do not have a place to go yet.  If the closing does indeed take place on May 31 as alleged, what are our rights?

Answer
Hi David,
Thanks for the follow up.
As the tenant you probably have the most rights under the law.
I am only a real estate agent and can only tell you what is logical under real estate rules.
Once the landlord tells you he has a date to close you have the amount of days in your lease to vacate.  Whether it is verbal or written is debateable.  You can get a lawyer and argue and delay for months, but at the cost of a lawyer.
The best thing to do is find a new home.
If you cannot do that get a lawyer to represent you.  I cannot give you legal advice.  You have rights that are outlined in your lease.  A lawyer will have to protect you with them.
I know it is a rotten situation, but that is what the written documents are for.
Hans