Friday 22 November 2013

My Landlord Is Selling: What Now?

Even if you've lived in a rental for years and it feels like home, the landlord still has the right to plop a "For Sale" sign in the front lawn at any time - probably leaving you with lots of questions and the daunting prospect of having to move.

My Landlord Is Selling

But don't pack your bags and boxes just yet. You have rights and responsibilities, too, and you need to know what you're up against.

When Do You Have to Move?


Most state laws say your landlord has to give you a written notice if he plans to sell your place or convert your apartment into a condo. So nothing can really happen until you have a notice in hand.

Once you do, check your lease for the termination date. If you're on a month-to-month lease agreement, most state laws say your landlord only has to give you 30 days' notice to vacate the property should he decide to sell. But if you're in a longer agreement, you may have the right to stay put until the lease ends.

The only way to know for sure is by reading over the landlord and tenant laws in your state. These laws vary widely. For example, while most state laws say you have to move within 30 days on a month-to-month lease, Washington state laws give you at least 90 days to move.

If you're lucky, your landlord may sell to a buyer who will be happy to sign a new lease with you once the sale goes through. So, check with the buyer. But if that's not an option, or you're unhappy with the new lease terms, you may have to move at the end of your lease or vacancy period.

Before You Move


While you're still living in the rental, you have basic tenant rights. For example, your landlord can't cut off your water or electricity, enter your rental without notice (except in an emergency), or hire a remodeling crew to work until 2 a.m. If you think your landlord is violating your tenant rights, contact a tenant lawyer or your local housing authority for help.

Do You Qualify for a Tenant Relocation Allowance?


It is rare, but your landlord may be obligated to pay you if you're forced to move due to a sale or condo upgrade. For example, in San Francisco renters forced to move after the landlord decides to sell are currently entitled to $5,210.91 per tenant under the Ellis Act. This is known as a tenant relocation allowance, or tenant relocation payments, and should be included in your state's landlord and tenant laws.

Your Security Deposit


Your landlord is legally required to return your security deposit, sans any needed repairs or cleaning, after you move. State laws vary, but generally a landlord has 14 to 60 days to send you a check after you move. When the time comes, treat the move like any other. Make sure you remove all of your property, clean the rental, and return the keys to the landlord. If possible, do a walk-through with your landlord, and give him a written notice that includes your new address.

Source: Realtor.com

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