Landlord put for sale sign on lawn didn't notify us

[[email protected]]

We just moved into a house 2 months ago we have a 2 yr lease the landlord promised to do some repairs so we called several times to find out when they would be completed . He has put a for sale sign on the lawn and told us we have to move but nothing in writing he also says that he does not own the house his mother does so therefore our lease is no good. What are our rights? and hasn't he committed fraud?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
We just moved into a house 2 months ago we have a 2 yr lease the landlord promised to do some repairs so we called several times to find out when they would be completed . He has put a for sale sign on the lawn and told us we have to move but nothing in writing he also says that he does not own the house his mother does so therefore our lease is no good. What are our rights? and hasn't he committed fraud?<HR></BLOCKQUOTE>

L does not need your permission to put a For Sale sign in the front lawn. If you have a fully executed lease agreement, then that agreement is binding and enforceable because the son has signed the contract as "agent" for the mother. Now if the mother did not authorize him to act as rental agent/property manager, then he has commited fraudulent acts. Who as L signed the lease agreement and who is the rent checks made payable to?
You must cooperate with showings of the property to prospective purchasers and send a letter to this guy that you will help show the property but still have 22 months remaining on your lease and that any new owner must honor the lease. Also take advantage of the opportunity and add in the letter a reminder of the things that need to be fixed. Send a copy to the listing real estate agent.
The real estate agent was probably told by this guy that you are on a m/m lease.
The agent will be surprised that the home can not be sold to an owner occupant.



[This message has been edited by HomeGuru (edited October 18, 2000).]

 

[Tracey]

Also, go to the county recorder's office & record your lease. That protects you from some buyer saying he didn't know you had a lease. Some people do buy houses with sitting tenants. It lets them get used to being landlords before they have to try their hand at advertising & screening new tenants. If L wants you to leave, L has to bribe you. Make him pay at least 3 months' rent + moving costs. L can't sign a 2 year lease then say you have to leave because he doesn't own the place. The place was empty, it belonged to his mom, he was clearly her agent for purposes of managing the house, and his signature is binding on her. She can sell but you get to stay.

Also, send the real estate agent a letter that you need 24 hours notice before the house may be shown, and you must be present for all showings. Tell the agent the hours you will be routinely available. Also tell A that you'll sue for abuse of access if A violates these conditions. Don't take off work just to show the house unless L is going to cover your wages. In the letter, tell A that you want to attend the closing to make sure the damage deposit & move-in checklist are transferred to the new owner properly.

Finally, look up your state's residential landlord tenant act section on landlord's duty to maintain the premises. It will tell you how to notify L of needed repairs so that you can sue L later for not doing them.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!