Q: Do we have to receive a 60 day notice to vacate, we have lived in the house for 3 years but signed new yearly leases?
We have lived in our home for 3 years and now our landlord would like to sell with no tenants in the home. We signed a lease when we moved in, then added an additional year to the original lease, then last year we signed another year lease. Does our landlord still have to give us a 60 day notice because we have lived in the home more than a year? Or because of the yearly lease signing, does it start all over as if we have only lived in the home for a year?
A: The answer depends upon the provisions of your lease and/or the buyer's intent if the house is sold while you are still in it but the new owner wants you out so that they can move in and use it as their primary residence. Does your lease, by its own terms, convert into a month to month tenancy unless you sign a new fixed term lease? If so, you may be entitled to 60 days notice (90 days if in Portland or Milwaukie); if it provides that you are simply out at the end of the lease term, then you may not be entitled to any other notice; if the landlord wants you out before the end of your fixed term lease, too bad, unless you agree (presumably being compensated for it). So there are some ins and outs here, depending upon both what the lease says and an actual buyer's intent. If you are unsure, and really want to know, review it all with a local landlord-tenant attorney. A single visit should answer all your questions. Good luck.
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