Virginia Beach, VA asked in Landlord - Tenant for Virginia

Q: My moms landlord sold her townhouse without telling her, now the new owner is trying to make her pay more on her lease

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Your mother's landlord has no legal duty or obligation to notify your mother that he/she is selling the Property. The new owner/landlord must legally assume the lease (if it is a written lease and there are several months remaining in the Term) and as such is bound by the amount of the monthly rent. Otherwise, the new landlord/owner is in breach of the lease.

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: If your mother is on a written lease that has not expired, then the 'old' rent continues. Many leases revert to month-to-month leases after the first year (or so) and if that's the case, and the new owner gave appropriate notice, then the new rent is due.

One other item to consider - even though you may be legally and ethically correct, at the end of the current lease the landlord can refuse to renew it and your mother will have to move. Yes, that's retaliatory and reprehensible, but there is little or nothing you can do about it if that happens.

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