Landlord wants to sell the house im renting...

[minimeat]

What is the name of your state?
Florida.

Hello,

I did a little searching on the forum about this and kinda got a feel about it, but i have some specific questions i need some help with.

Here is the situation. I started renting my house on Feb. 15, 2005. I signed a 1 year lease, paying month to month, that ends on Feb. 28, 2006. My landlord is a really nice person and i have paid all my rent ontime and he has done nothing bad to me, until yesterday when i received a phone call stating he has to sell the house ASAP. I tried talking to him about it but he was like its already up for sale and i need to sell it asap. He said that he would cover my costs for relocating.

So here are my questions. I know i still have a vaild lease, and i looked over the lease and there is nothing whatsoever about if the landlord decides to sell the home stating what my rights and his rights are. I'm pretty sure (not positive) that he does have the right to sell the house, but i dont' know what my rights are as the tenant with a vaild lease on the house. What are they?

To make matters worse, im not even at my house. I came home for the summer, so i would have to fly down there, find a new place, take off work (losing ~$200/day M-F), rent a car, and sign a new lease somewhere, and move all my stuff out. This is going to be a major inconvience for me and i don't want to do it, but if i have to i guess i have to.

I don't really know what to do. Should i ask for a settlement where he must payout to me the rest of the lease, pay my reloaction costs and costs for missing work and the time and hassle its going to take to move out? Is this something that is fair? I currently pay $1600/month to rent, and he told me that he is listing the house for $500,000 and i live in Miami so the market is hot and i think he will probably get somewhere around that for the house since its a really nice place. If i asked him for that kind of settlement, the amount would be (assuming it takes 1 month to sell) $1600 * 7 months = $11,200 + moving costs (is it fair to hire someone to move my stuff for me?) + $200/day off work while i settle this ordeal out. Im thinking it would be roughly $15,000 total if this is the right way to go about it.

Also, how long of a notice does he have to give me before i have to move out? Does it have to be in writing? He only gave me verbal notice yesterday. Last question, how do i go about presenting a settlement to him? Should i just explain the inconvience to him and make him understand that he is breaking a valid lease and its only fair to pay the rest of the lease out to me?

Any help would be so greatly appricated, as im kind of stuck and confused as what to do right now. Thanks a bunch.

Regards,
Mark

 

[JETX]

I know i still have a vaild lease, and i looked over the lease and there is nothing whatsoever about if the landlord decides to sell the home stating what my rights and his rights are. I'm pretty sure (not positive) that he does have the right to sell the house, but i dont' know what my rights are as the tenant with a vaild lease on the house. What are they?

Your 'rights' are pretty simple. As long as you continue to pay your rent, etc., the new owner must honor your lease. Also, under FL law, you will have to allow access to the property for the sales.

Under Florida Statute:
83.53 Landlord's access to dwelling unit.--
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

(3) The landlord shall not abuse the right of access nor use it to harass the tenant.

To make matters worse, im not even at my house. I came home for the summer, so i would have to fly down there, find a new place, take off work (losing ~$200/day M-F), rent a car, and sign a new lease somewhere, and move all my stuff out. This is going to be a major inconvience for me and i don't want to do it, but if i have to i guess i have to.

As noted above, you don't have to move at all.... as long as you do not breach your current lease conditions.

I don't really know what to do. Should i ask for a settlement where he must payout to me the rest of the lease, pay my reloaction costs and costs for missing work and the time and hassle its going to take to move out? Is this something that is fair? I currently pay $1600/month to rent, and he told me that he is listing the house for $500,000 and i live in Miami so the market is hot and i think he will probably get somewhere around that for the house since its a really nice place. If i asked him for that kind of settlement, the amount would be (assuming it takes 1 month to sell) $1600 * 7 months = $11,200 + moving costs (is it fair to hire someone to move my stuff for me?) + $200/day off work while i settle this ordeal out. Im thinking it would be roughly $15,000 total if this is the right way to go about it.

Those are all personal decisions that you make. We don't know your circumstances so can't make your mind up for you!!

Also, how long of a notice does he have to give me before i have to move out?

As noted above..... you do NOT have to move if you don't want to.

Also of relevance.....
Florida statute
83.49 Deposit money or advance rent; duty of landlord and tenant.--
(7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records as stated herein, and upon transmittal of a written receipt therefor, the transferor shall be free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. However, nothing herein shall excuse the landlord or agent for a violation of the provisions of this section while in possession of such deposits.

 

[minimeat]

ok cool i didn't know i could stay legally...i think my landlord wants me to leave because he probably knows it won't sell if he has a tenant living in it (is this common [people buying a house a tenant is in]? the house is really nice so i don't know if someone would buy it as an investment as well...).

So im sure hes going to try everything to get me out....so im thinking a settlement would be the best way.

Any other opinions on whether or not $15,000 would be a fair amount for me to move out early? BTW yea it is a personal decision, but im a college student so $15,000 would definately convince me to find another place to live.

Also, where did you get those statues at? I was looking at florida's real estate laws online and didn't see those...can you give me the link? TIA.

Thanks,
Mark

 

[JETX]

Also, where did you get those statues at? I was looking at florida's real estate laws online and didn't see those...can you give me the link? TIA.

http://www.leg.state.fl.us/statutes/index.cfm?Mode=ViewStatutes&Submenu=1

 

[anteater]

Any other opinions on whether or not $15,000 would be a fair amount for me to move out early? BTW yea it is a personal decision, but im a college student so $15,000 would definately convince me to find another place to live.

Taking the perspective of the opposite side of the negotiating table, I would tell you that tacking on the remaining rental payments is absurd and $15K is ridiculous.

But what the heck! If the landlord indeed wants you gone quickly, then you have the upper hand. Use that as your opening position.

 

[minimeat]

Taking the perspective of the opposite side of the negotiating table, I would tell you that tacking on the remaining rental payments is absurd and $15K is ridiculous.

But what the heck! If the landlord indeed wants you gone quickly, then you have the upper hand. Use that as your opening position.

Yea thats what i was thinking too its almost like being an *******...but then im considering what a pain it is to move and how basically hes stuck cause if i don't move cause hes probably goin to have a tough time selling it. And how its kinda ridicilous for him to enter a contract he can't continue to honor so i guess this is how it works....everything comes at a cost