Poll of the Day > omg the new owner of the house im renting is mailing a 30 day notice to vacate

(+) Yeah! (+)

to us

wtf my current landlord said they'd have to honor our new lease agreement we just signed so we'd be able to stay until that was up

but nope
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They should. It should mention you on the contract that the new owners have. But your lease should still be valid...
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Maybe you'll have to go to court. But it's mostly going to be however the contract is written.
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Jen0125 posted...

to us

wtf my current landlord said they'd have to honor our new lease agreement we just signed so we'd be able to stay until that was up

but nope

Happened to me when I was in college. I was assured by the landlord but they knew there was nothing legally stopping the new owners from doing so. The old landlord just wanted someone to still pay rent while trying to sell just in case deals fell through.
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That really sucks Jen sorry to hear that.

Good luck finding another place, maybe you can find one cheaper

You could probably sue the old landlord, since you were supposed to be in a lease. And this kinda breaks that promise. Or work out a deal with the new landlord. But it's weird if they didnmt put anything in your contract OR the new landlord's contract. One of you should have something. Either on your contract that says that they can break the deal if the place is sold. Or on theirs that says any tennants are free to live there until you lastest lease was up. So, it could be a "sue the old landlord" situation.
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LinkPizza posted...

They should. It should mention you on the contract that the new owners have. But your lease should still be valid...

we just signed the new lease for this upcoming year too. for feb 2018-feb 2019.
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Some states are stronger for tenants' rights than others. The owner may have a legal right to give notice of eviction as long as it follows whatever is stipulated in the lease and state laws.
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I don't think he's a new landlord. He is buying seven houses from my current landlord and I guarantee he's gonna flip and sell them.
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I wonder if this has anything to do with the weird guy that showed up at your place asking about Mexican immigrants
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Jen0125 posted...

I don't think he's a new landlord. He is buying seven houses from my current landlord and I guarantee he's gonna flip and sell them.

That's possible. A lot of people have been doing that lately. But, maybe he want some of that sweet renter money. He may flip them, then rent them for even more than the last guy.
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Time to start a new booger wall before you're evicted and forced to move in with mando's family.

Mead posted...

I wonder if this has anything to do with the weird guy that showed up at your place asking about Mexican immigrants

It is Arizona. They hate the Mexicans.
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SunWuKung420 posted...

It is Arizona. They hate the Mexicans.

who is they
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Don't miss renting at all. Sorry to hear.

Mead posted...

SunWuKung420 posted...

It is Arizona. They hate the Mexicans.

who is they

All of the other Mexicans in Arizona
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Did you sign your new lease before or after the property was sold? If before, unless there's a clause allowing the termination of the lease upon transfer of new ownership, then the new owner must honor the existing lease. If after, then you signed a new lease with the wrong person. Also make sure the old owner returns your security deposit or transfers it to the new owner.
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You may have just signed a new lease, but you haven't entered the lease period. You might be out of luck with this. If they're really shady they'll say "what lease?"
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Zangulus posted...

Check with your local housing department. They may be forced to honor the lease as it was in place when they purchased the property.

This. But if they're total dirtbags in defeat it could get messy.
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Mead posted...

SunWuKung420 posted...

It is Arizona. They hate the Mexicans.

who is they

All the whites.
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HelIWithoutSin posted...

Did you sign your new lease before or after the property was sold? If before, unless there's a clause allowing the termination of the lease upon transfer of new ownership, then the new owner must honor the existing lease. If after, then you signed a new lease with the wrong person. Also make sure the old owner returns your security deposit or transfers it to the new owner.

we signed it before? i'm not sure they have not kept us in the loop at all. we signed and mailed the new lease in november.

Zangulus posted...

You may also have a longer period to find a new place as per your lease. Especially if youre currently under one.

Contact the housing board. Find out the local laws.

yeah i'll have to. i'm gonna contact an attorney through my lifeworks program at work tomorrow too.

there is like nothing to rent right now in this area that is dog friendly so we're really fucked right now
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You may have to pretend Ernie is a baby for a short period of time. I mean, he already knows how act like people, so...
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Doctor Foxx posted...

You may have just signed a new lease, but you haven't entered the lease period. You might be out of luck with this. If they're really shady they'll say "what lease?"

If the lease is signed by both parties, then it's binding, even if the "move in" date hasn't arrived.
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SunWuKung420 posted...

Mead posted...

SunWuKung420 posted...

It is Arizona. They hate the Mexicans.

who is they

All the whites.

All the white Arizonans I know like Mexicans just fine

Is it possible youre being dumb?
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Mead posted...

All the white Arizonans I know like Mexicans just fine

Is it possible youre being dumb?

No. All the white politicians in Arizona have been trying for years to get Mexicans to leave.
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make friends with them and convince them to give you the house in their will

then kill them

Zangulus posted...

Looking and it seems that a new owner cant just evicted you if you have a signed lease. The lease automatically translates to the new owner. The question is whether the new owner knows of this. Regardless, do NOT leave. Force them to get a court ordered eviction. This will take time.

The notice is not enough under a lease.

That is true. By making them get the court order eviction, it will take time. Giving you a lot more time, too.
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i perused through this

https://housing.az.gov/sites/default/files/documents/files/AZ-Residential-Landlord-Tenant-Act-Jan-2018.pdf

but i can't make heads or tales of legal shit.
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Zangulus posted...

Looking and it seems that a new owner cant just evicted you if you have a signed lease. The lease automatically translates to the new owner. The question is whether the new owner knows of this. Regardless, do NOT leave. Force them to get a court ordered eviction. This will take time.

The notice is not enough under a lease.

Unless this guy is a lawyer you should probably continue with your original plan of consulting one. Seeing legal advice in places like this is almost as cringeworthy as medical advice.

Seems like TC signed a lease without even bothering to read it.

Blade_Trinity posted...

Seems like TC signed a lease without even bothering to read it.

How do you know? It s possible the lease didn't mention anything about the sale...
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Zangulus posted...

Grendel posted...

Unless this guy is a lawyer you should probably continue with your original plan of consulting one. Seeing legal advice in places like this is almost as cringeworthy as medical advice.

Oh go fuck your uppity self. I never said she shouldnt contact a lawyer. I even stated, twice, she needs to contact the housing board.

However, never give in to demands like that. They could be illegal. Make them do the legal form.

Yeah, most people are ignorant of the law, which is why they do things like bitch about bad employers without doing anything about because they're afraid of getting fired (even though they can't over nothing and can sue the company for doing so).
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Wow this is pretty ironic Jen given your history lmao
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Ok, it's complicated and different from state to state but here is a few things.

First, normally if you have a lease that is in effect when a new owner takes over, they have to honor it.

There are exceptions though, including an exception if the new owner actually wants to live there (easiest way for them to get around it).

So, all the new owner has to do in order to legally evict you is say they are moving in, even if that is only true for a month or two while they sell it. Which can basically invalidate the lease you have. That may be what they are doing and why they gave you a 30 day notice even though you legally have the right to stay there.

Or they may just not know that the lease is binding still.

I would try and get some written confirmation from them that they are just trying to sell the place, etc, and not planning on moving in (without actually mentioning that at as you don't want to tip them off).

Arizona I think is not Tennant friendly if I remember right (basically landlords have more power there then say in California or even Washington). The judges are probably more on the landlords side as well.

If nothing else you can probably at least get a few months extension though, since you do have a lease, signed previous to the sale of the property. It should not matter that the lease had not gone into effect yet, although again, that can depend on the judge and local laws.

It also may not even be worth the fight to be honest, since there are risks even if you do fight. A 30 day notice is primarily used to actually ensure the landlord can use the police to evict you. Yes, you may have legal recourse afterwards, but once the 30 days is up, the landlord can use police to forcefully evict you and then deal with the legal reprecussions later (wouldn't advise that, and it could bite them in the but long term, but still could happen).

If the new landlord wants you out, there are ways for it to happen legally, well before a year is up, so the easiest solution, and least painful, would be to find somewhere else to live, and then sue his ass for the cost to move etc.

It will be annoying, but you probably would have the law on your side, and all the control/power would be in your hands instead of the landlords. You might get compensated for the extra cost (at least for the next year, so if you rent somewhere more expensive, + moving expenses etc), and you won't have any long term stress living somewhere that you are not wanted.

I could try and look up specific state law for Arizona etc, but you might be better off just contacting your local court as they usually have free legal aid departments there which can help much more then I could.

Also, if you have not had any communication with the new owner, perhaps directly contacting them about the situation, letting them know there is a lease (they may not even know) and that moving would not be convienent for you right now, might be a good idea. They might even be willing to wait, or give you more time once they have been informed. He/She may not be an ass hat, but just may not even know about the situation at all, and just think they can simply evict you because the current lease ends within a month.
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Good luck, Jen. Keep us informed.
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You've got move it, move it.

Sorry.
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Blade_Trinity posted...

Seems like TC signed a lease without even bothering to read it.

No. I read my leases throughly. There's nothing in them about transfer of ownership in the home. I read through it again last night to verify. I read my leases because I want to know my rights and responsibilities under the contract.

Also @Zangulus I really don't want an eviction on my rental history. That will make it really hard for me to rent in the future and I don't want to buy a home.

Blighboy posted...

Wow this is pretty ironic Jen given your history lmao

What do you mean by this?

Anyway this may have been a blessing in disguise since the current house we live in is a piece of shit from poorly constructed renovations. My boyfriend says he will have enough money for us to move now. I will be able to pay him back next month from my bonus and tax return. We have set up to view three houses on Saturday already.
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Also sunwu acting like an idiot again. First all of Arizona hates Mexicans. Then all white people. Then it's just Arizona white politicians.

FYI it's entirely likely Jeff Flake will be replaced by Democrat Kyrsten Sinema in the midterm elections.
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It's just like Jen knew nothing about her new landlords, SB1070 or that Arizona tried to ban Mexican-american study programs in 2010 while trying to insult me. The gall and ignorance of some people and by some people I mean Jen. FFS, white privilege much.
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That was one school district trying to do that. And it got struck down.

I don't know anything about the new landlord. I've never met them.

It's pretty big gall to say all white people in Arizona hate Mexicans considering they're a huge part of our economy, society and personal life down here. Maybe you should check your white privilege since apparently you can't feign to see that there are plenty of interracial relationships with Mexicans down here.
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Not sure what it's like here but new owners here have to give you 3 months before making any changes. Unless it's some drastic reason for making a change then I'd hope you guys would have something similar.
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I thought it was 60 days but I'm not sure. I'm def talking to an attorney today.
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Mead posted...

All the white Arizonans I know like Mexicans just fine

Is it possible youre being dumb?

I assume you've never been to Maricopa county.

Jen0125 posted...

FYI it's entirely likely Jeff Flake

Did his son get out of jail yet?
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Mead and I both live in Maricopa County.
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Jen0125 posted...

Mead and I both live in Maricopa County.

Maybe you can sublet.
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Mead posted...

All the white Arizonans I know like Mexicans just fine

Is it possible youre being dumb?

I'd like to believe sunny is trying to make a joke but I don't believe he has a sense of humor.
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i talked to an attorney and they said they can't terminate my lease unless they are planning to be the primary occupant of the home if we've already signed a lease for the upcoming year.

i asked if i could use that as leverage for them to pay our moving expenses if they want us out and if we disagree they would need to try to formally evict us and we would produce our lease agreement.
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