Q: Property is being sold with an active fixed term lease, do I have to move?
I have an active one year fixed lease, that does not state anything of early termination of the lease if the house is sold. The only thing my lease does state about early termination is that the tenant and owner both habe the right to terminate the lease with a 60 day written notice. With that being said does that still allow for the owner to force us out within 60 days because she sold the house or can we mandate to stay until our lease is over?
She is only breaking the lease because the house is being sold and the new owners want to live in the home themselves. We are great tenants who have not broken the lease in any form.
*edited* To add, she is only giving us a 30 day notice to move (Feb. 1st) when our lease says 60, is that allowed?
A: Unless you are a rent-regulated tenant, your lease provides the basis for your rights and obligations. If the lease provides that the landlord can terminate the tenancy on 60 days notice without cause, then the fact that the landlord may elect to do so to facilitate a sale of the property would not be a defense. However, if you fail to voluntarily vacate at the end of the 60 day notice period, the landlord could not simply lock you out but would be compelled to commence a holdover proceeding in Housing Court. Many times there are mistakes or defenses that an unrepresented tenant may not be familiar with. Therefore, if your landlord goes this route, you should consider obtaining representation too and you may get a favorable settlement.
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