Expert: John - 12/19/2007

Question
Hi,
I am writing to get info for a friend. She moved into a house and specifically asked if the house was for sale as the owner is a Realtor. She was told no, the house would never be sold. After she was in it approximately a month and a half her landlord gave verbal notice that she sold the place and wanted her out in 30 days. She has horses which makes it difficult to find a rental. Anyway she didn't find one in 30 days it took a week or so longer. During this time the sale of the house had not gone to closing. The prospective buyer wanted to move in prior to closing so the landlord proceeded to go into the house and move my friends things out to the road while she was at work so the buyer could move in. The landlord is now suing claiming that since my friend wasn't out fast enough it cost her money. Since the house hadn't closed I'm don't know what it could have cost her. Do you know the procedure that should have been followed in a case like this?  Thanks

Answer
What state?
Is there a lease?

If there is a lease, the landlord would be in trouble.

If there is no lease, then your friend can not do anything.

In Real Estate, verbal means nothing.  It must be in writing.
So the fact that your friend was told it is not for sale, means nothing, since you must have a signed contact in real estate.
Now the landlord is in wrong here also.  The verbal 30 days notice also means nothing.  It would have to be in writing, unless there was no lease.  This person being a Realtor should know that a lease and written notice would be require.
But if there is no sign contract, the verbal notice would work, because the landlord could say it was a 30 day rental.  
So, it all comes down to a lease or not.

If there is a lease, you would need to see a real estate attorney asap and counter sue.

Pending where you live, ( check with a real estate attorney, and as far as I know ) a landlord can not move your stuff and in winter can not kick you out till spring.  The landlord must take you to court to remove you.

I believe your friend has a law suit case here.

Also, Anyone that buys a house that has a renter must honor the lease till it ends.
John