Can I be thrown out?

[mommy569]

I live in Pennsylvania.

We are renting a house from a wonderful landlord. (yes they do exist) We love our house but are not financially able to purchase it right now. Maybe in a year or so we will be. OK here is the problem, Landlord is going through a very messy divorce. His wife left him and his 2 young daughters and moved out of state a years or more ago. Well she is back in the state and apparently has said something to him about the house because he mentioned her wanting it. Now we DO have a lease, the lease term states for a "year or more". Her name is not on the mortgage, but her fathers name is on the deed. The home was purchased during the course of the marriage. Can we be thrown out? If we re-sign a new lease for a longer period of time will that protect us? I am very nervous about all of this.

 

[FarmerJ]

The terms of the lease must be followed so for example If your lease says you are to recieve 60 days notice when lease is being terminated you have to have 2 full rental periods notice then . Now take the time to completely re read the lease , If your lease converted to month to month rental after the first year , then one full rental period is all that must be given. Example you have lived in unit 16 months now landlord wants you to vacate at end of June and the lease did convert to month to month after the 1 yr was up . So now the landlord must give you notice of one rental period before the begining of of a new rental period . So take the time to re read the lease . That lease should address the amount of notice to be given by Landlord or tenant .

 

[dankk]

I would suggest you READ YOUR LEASE and exactly tell us what it says.....

A year or more is VAUGE........

So when did you sign the lease? if it has been more then a year ago, chances are it has turned into a month to month lease.

Thats why we ask you to BE EXACT.

Now what i consider is GOOD news:

Her name is NOT on the deed, therfore she has no rights to live there. So the ex wife cannot have you evicted, but her father as part owner could try and start eviction proceedings and a judge will have to decide wether you live there or the ex-wife.

If the ex or the father purchaes the house fully, then of course they will evict you since you hvae no exact specifc lease....a lease cannot be vauge.

Of course you can try and get your present landlord to sign a real lease with exact dates say a 2 year lease. But then again BOTH people on the deed must sign the lease, in order for it to have weight.

If the two owners sign a lease , then there is next to impossible to evict you as long as you pay the rent... without paying you to leave.

 

[mommy569]

OK we are still within the first year of our lease. I am not sure of notice at the moment but I will find the lease and check. Our 1 year ends on 9/01/02. But if I am reading the responses correctly my lease is not legally binding because the other person on the deed did not sign it?

I just want to add that the landlord has already indicated that he does want us to stay. He is right now thinking about allowing us to purchase the house and he hold the mortgage. But I assume he would have to buy out the ex's father first.

 

[dankk]

you misinterpreted what i said....

You said your lease was for a year or more, so i assumed youve been there more then a year....

Then..YOUR lease is valid until 9/1 no if and or buts....

What happens after that date is what at issue.

If you have NO signed lease, or you are not in a contact to buy the house THEN you would be subject to a 30 day notice to vacate.

It would be better if you did have a lease signed by both owners...becuase now if the ex wifes fathers wants her to move in, a judge would probably side with the father, and your lease will end on 9/1....

If there is a clause which gives you the right to renew the lease for a year....oh boy you are in luck.....then if the ex father wants the place it would be considered breaking the lease by the landlord , and they would have to pay you to move.

Now do you see why the EXACT wording, can force you leave or force you to stay.