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Can a LL break lease if selling house?

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madihahamdi

Junior Member
What is the name of your state (only U.S. law)? NY

I had posted a few days ago about having some problems with my LL. Since then, there has been a turn of events.

Does a lease become null and void if the property is not a legal rental property?
Can a LL ask you to move out (break the lease) if they are selling the house/once the house is sold (if it is a family home, not a rental home).

Anyway, I moved into this house in June. I signed a lease for one year (exp May 2011). Evidently, the LL never obtained a "rental" permit to legally rent the house to anybody (I was unaware that there was such a thing). 3 of the 8 bedrooms in the house are legal bedrooms up to code, mine being one of them. The other tenants in the illegal bedrooms all moved out, and now the LL is telling me and the remaining girl that he is going to sell the house, and once he sells the house the purchaser may not want us to stay and we might have to move out. My question pertains to tenant rights...doesn't our lease protect us through its duration? Does he/purchaser have an obligation to honor the lease through May 2011? Does the lease still hold even if he never obtained "rental" permits?

Oh also, the LL is beginning construction tomorrow to tear down the walls of the illegal bedrooms, bringing the house up to legal requirements this week.
 


Who's Liable?

Senior Member
Anyway, I moved into this house in June. I signed a lease for one year (exp May 2011). Evidently, the LL never obtained a "rental" permit to legally rent the house to anybody (I was unaware that there was such a thing). 3 of the 8 bedrooms in the house are legal bedrooms up to code, mine being one of them. The other tenants in the illegal bedrooms all moved out, and now the LL is telling me and the remaining girl that he is going to sell the house, and once he sells the house the purchaser may not want us to stay and we might have to move out. My question pertains to tenant rights...doesn't our lease protect us through its duration? Does he/purchaser have an obligation to honor the lease through May 2011?.
Your LL is correct, if he sells the house, the new owners may ask you to leave.

However, the lease survives the sale of the properties, and the new owners MUST honor the lease. Make sure to remind the new and old LL of your security deposit as this must be handed over to the new LL as well.

Does the lease still hold even if he never obtained "rental" permits?.
Depends on your state's LL/T laws.

Oh also, the LL is beginning construction tomorrow to tear down the walls of the illegal bedrooms, bringing the house up to legal requirements this week.
Is he compensating you or moving you to another location for the duration of the construction?
 

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