Idaho Falls, ID asked in Real Estate Law for Idaho

Q: Does owner move in rights exist in idaho for a new property owner who has a tenant with a 1 year lease

Related Topics:
1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Boise, ID
  • Licensed in Idaho

A: Seller leased the property to you on a one (1) year lease and now the seller has sold the property and you're wondering whether you have to move and what your rights are?

The new owner buys a piece of property subject to "conditions." One condition in his/her purchase of it might (if you're lucky) have been to allow you to lease the property for the remainder of the year's lease. If you have a written lease, read what it might say about what happens if the seller sells the property while you're leasing. That might have some answers for you. If your lease agreement has nothing in it about this contingency, then the law in Idaho is that a lessor of real property has rights to stay there and your rights to be there can't be interrupted or cancelled simply because the owner decides to sell the property. YOU have the right to be there for the year. IF the new owner wants to kick you out before the year is over then he will be liable for breaking the lease agreement (if he knew about it). The problem for you is that your damages will be nothing simply because if you get kicked out, you're going to need to find another rental immediately and his damages to you are that he owes you monthly rent money UNTIL you mitigate your loss (find another rental), which unfortunately, will be immediately.

Good luck to you!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.