Unconditional Quit (by Kai [NV]) Mar 31, 2017 8:22 PM|
Unconditional Quit (by Jerry [MA]) Mar 31, 2017 8:34 PM
Unconditional Quit (by Jim in O C [CA]) Mar 31, 2017 8:43 PM
Unconditional Quit (by myob [GA]) Apr 1, 2017 3:56 AM
Unconditional Quit (by WMH [NC]) Apr 1, 2017 4:15 AM
Unconditional Quit (by tryan [MA]) Apr 1, 2017 6:03 AM
Unconditional Quit (by Still Learning [NH]) Apr 1, 2017 7:52 AM
Unconditional Quit (by Robert,Ontario,Can [ON]) Apr 1, 2017 10:20 AM
Unconditional Quit (by myob [GA]) Apr 2, 2017 5:35 AM
Unconditional Quit (by WMH [NC]) Apr 2, 2017 6:08 AM
Unconditional Quit (by Mike45 [NV]) Apr 2, 2017 2:16 PM
Unconditional Quit (by Kai [NV]) Apr 2, 2017 2:32 PM
Unconditional Quit (by Bob [GA]) Apr 3, 2017 7:01 PM
Unconditional Quit (by Kai [NV]) Posted on: Mar 31, 2017 8:22 PM
State Specific Question About: NEVADA (NV)
I just renewed my lease for another year. I have always paid my rent on time, have never had any issues with my landlord, and have never asked my landlord to fix anything in our home. She wants to give me a 30 day notice to vacate because she now wants to sell the property due to personal reasons. I feel for her, but at the same time, I'm really not in a position to move, especially so quick, but she isn't leaving me a choice. Can she do this? --70.180.xxx.xx
Unconditional Quit (by Jerry [MA]) Posted on: Mar 31, 2017 8:34 PM
Read the terms of your lease. There might be wording in the lease giving your landlord the right to terminate in the case of a sale. If not, then your landlord needs to abide by the lease. She can still sell the property, though. In that case the new owner would be obligated to abide by the lease. --71.233.xxx.xx
Unconditional Quit (by Jim in O C [CA]) Posted on: Mar 31, 2017 8:43 PM
I don't know NV laws but unless the lease allows for an early termination by the landlord you can stay until the lease term expires. If the property must be vacant she could offer you an amount of money for you to agree to move. --108.196.xxx.xxx
Unconditional Quit (by myob [GA]) Posted on: Apr 1, 2017 3:56 AM
Unless mutual your LL is stuck with you for a year. Moving is expensive so why not ask if the LL will pay for your move-- including transfer of utility and other expenses. Also how about that 2 week vacation you've always wanted but couldn't afford. You'll find out quickly how much she wants to sell.
She could still sell the house but the rental contract would have to stay in place. Wording in the lease, as far as booting you out early, can not supersede contract law. --74.184.xxx.xx
Unconditional Quit (by WMH [NC]) Posted on: Apr 1, 2017 4:15 AM
MYOB, there IS wording that can cancel a lease when a house is actually SOLD. But not to cancel a lease to put it on the market that I am aware of.
They are called Early Termination clauses, and "These clauses usually say that the lease terminates in 30/60/90 days, for example, after closing on the sale of the property. The “trigger” can be anything you want, as long as it is reasonable, and both parties agree to it in the lease." --173.22.xx.xx
Unconditional Quit (by tryan [MA]) Posted on: Apr 1, 2017 6:03 AM
$$ can solve this one ... just put a price on your inconvenience. --198.168.xx.xx
Unconditional Quit (by Still Learning [NH]) Posted on: Apr 1, 2017 7:52 AM
You have been given good advice above. Read your lease and understand what you and the landlord signed. If there is no clause about early termination based on sale of property and you want to stay, it is in your best interest to let the landlord know you will keep the property picked up and are happy to accommodate showing requests. Most leases address something similar to 24 hour notice to enter. When you do move, you will most likely need a reference from this landlord or the buyer. --24.61.xxx.xx
Unconditional Quit (by Robert,Ontario,Can [ON]) Posted on: Apr 1, 2017 10:20 AM
Here a lot of rental housing providers are selling or have already sold many of the single family houses which once upon were rentals. We have to look at this both ways. On the one hand many of those who rented out single family houses experienced many problems here with the rent control system here along with the broken rental dispute process which forced many of them to operate at a loss along with frustration of dealing in a un level playing field. One does not have to be a rental housing provider forever. We like most people one day to retire. In December I reached the point where I was able to collect a pension yet now am are starting to negotiate with a buyer. Another option but the rental housing provider may not agree is to sit down then look at a rent to own option where rent over a period of time would be applied to building equity in the house. They may not agree where will have consider finding another rental house. For the tenants living in the building they will more likely remain tenants when a new owner takes over. --74.220.xxx.xxx
Unconditional Quit (by myob [GA]) Posted on: Apr 2, 2017 5:35 AM
WMH may be wording but unless its mutual NADA. Check court cases.
Under this premise then a tenant could argue the LL can terminate me but if my job transfers me I can't terminate? This is apples and oranges but they're in the same basket.
Someone closes on a property with a tenant under contract Lease carry's forward with the property. (unless property is foreclosed on and there are rules for investor purchased property vs owner occupied purchasers)
This is just some kindling for the discussion. Property sells new owner gets copy of current tenants lease with old owner--
No where is there a signature from the new owner. Does the new owner say judge I have this lease with these people? REALLY you do? --74.184.xxx.xx
Unconditional Quit (by WMH [NC]) Posted on: Apr 2, 2017 6:08 AM
MYOB I'm just saying if it's in the lease, and both mutually agree to it, it's legal. I've looked it up several times.
It has to be a specific trigger such as the actual sale of the premises, not just the listing of the place for sale. --173.22.xx.xx
Unconditional Quit (by Mike45 [NV]) Posted on: Apr 2, 2017 2:16 PM
I am not sure if under Nevada law, a clause saying "This Lease terminates upon the sale of the property" would be upheld by the court. I have not researched this issue.
However, Kail has not indicated whether his/her lease has such a provision. [MYOB, I am continuing to use gender-neutral terms!]
Without such a provision, the Lease will continue in full force and effect despite any sale, and the new owner will have to honor the Lease until the expiration date of the new Lease.
Kail, you should inform the current LL in writing that the Lease cannot be terminated by her and that her 30 day notice is not effective.
Unconditional Quit (by Kai [NV]) Posted on: Apr 2, 2017 2:32 PM
Thank You everyone for your insight. I have since spoken with my LL and she withdrew her notice to terminate the lease. I appreciate all of the responses. --24.120.xxx.xxx
Unconditional Quit (by Bob [GA]) Posted on: Apr 3, 2017 7:01 PM
Ask her if you can stay and help stage/show the house. An investor might buy it and want a good tenant. See if she will sell you the house and finance it and show her where she will save taxes doing seller financing.