WHERE is law that says
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WHERE is law that says (by WMH [NC]) Oct 26, 2023 10:50 AM
       WHERE is law that says (by unb [GA]) Oct 26, 2023 11:19 AM
       WHERE is law that says (by Sisco [MO]) Oct 26, 2023 11:20 AM
       WHERE is law that says (by LTD [AZ]) Oct 26, 2023 11:34 AM
       WHERE is law that says (by Jason [VA]) Oct 26, 2023 11:36 AM
       WHERE is law that says (by S i d [MO]) Oct 26, 2023 11:46 AM
       WHERE is law that says (by WMH [NC]) Oct 26, 2023 11:49 AM
       WHERE is law that says (by WMH [NC]) Oct 26, 2023 11:52 AM
       WHERE is law that says (by WMH [NC]) Oct 26, 2023 11:52 AM
       WHERE is law that says (by 6x6 [TN]) Oct 26, 2023 11:56 AM
       WHERE is law that says (by LTD [AZ]) Oct 26, 2023 11:56 AM
       WHERE is law that says (by WMH [NC]) Oct 26, 2023 12:23 PM
       WHERE is law that says (by S i d [MO]) Oct 26, 2023 12:37 PM
       WHERE is law that says (by wmh [NC]) Oct 26, 2023 12:59 PM
       WHERE is law that says (by Sisco [MO]) Oct 26, 2023 1:02 PM
       WHERE is law that says (by Sisco [MO]) Oct 26, 2023 1:09 PM
       WHERE is law that says (by wmh [NC]) Oct 26, 2023 1:19 PM
       WHERE is law that says (by WMH [NC]) Oct 26, 2023 1:35 PM
       WHERE is law that says (by Ken [NY]) Oct 26, 2023 3:28 PM
       WHERE is law that says (by Landlord ofthe Flies [TX]) Oct 26, 2023 4:22 PM
       WHERE is law that says (by John... [MI]) Oct 26, 2023 4:46 PM
       WHERE is law that says (by unb [GA]) Oct 26, 2023 4:47 PM
       WHERE is law that says (by Mike45 [NV]) Oct 26, 2023 5:41 PM
       WHERE is law that says (by 6x6 [TN]) Oct 26, 2023 6:02 PM
       WHERE is law that says (by 6x6 [TN]) Oct 26, 2023 6:11 PM
       WHERE is law that says (by Jim in O C [CA]) Oct 26, 2023 6:18 PM
       WHERE is law that says (by WMH [NC]) Oct 26, 2023 6:41 PM
       WHERE is law that says (by WMH [NC]) Oct 26, 2023 6:47 PM
       WHERE is law that says (by DJ [VA]) Oct 27, 2023 9:51 AM
       WHERE is law that says (by WMH [NC]) Oct 27, 2023 10:56 AM
       WHERE is law that says (by Oregon Woodsmoke [ID]) Oct 27, 2023 11:37 AM
       WHERE is law that says (by WMH [NC]) Oct 27, 2023 11:47 AM
       WHERE is law that says (by WMH [NC]) Oct 27, 2023 12:14 PM
       WHERE is law that says (by Don [PA]) Oct 27, 2023 2:01 PM
       WHERE is law that says (by zero [IN]) Oct 27, 2023 6:14 PM
       WHERE is law that says (by unb [GA]) Oct 31, 2023 4:53 PM


WHERE is law that says (by WMH [NC]) Posted on: Oct 26, 2023 10:50 AM
Message:

WHERE is law that says lease follows property? I know it does - at least EVERYONE says so - but where is the wording of the law? I've searched and searched.

It is not in LL/Tenant law that I can find. The only mention I can find of it in NC is regarding foreclosures. I'm talking a regular ol' sale of a rental house from one person to another? --173.18.xx.xxx




WHERE is law that says (by unb [GA]) Posted on: Oct 26, 2023 11:19 AM
Message:

I think your looking in the wrong place. Your rental contract, whether a term or month to month, controls what the LL can do.

If a sale occurs when a lease is in place the end date of the lease must be followed on that "contract". Should your contract be month to month then 30 days notice or whatever your state law for notice controls. --108.239.xx.xx




WHERE is law that says (by Sisco [MO]) Posted on: Oct 26, 2023 11:20 AM
Message:

The property owner entered a valid agreement to allow tenant the exclusive rights to occupy the dwelling for a specified period of time.

No one would have legal standing to release the tenants contractual rights. --149.76.xxx.x




WHERE is law that says (by LTD [AZ]) Posted on: Oct 26, 2023 11:34 AM
Message:

I don't know, but it is likely buried in the Business and Professions Code (or whatever your state has). --47.216.xx.xxx




WHERE is law that says (by Jason [VA]) Posted on: Oct 26, 2023 11:36 AM
Message:

Itís usually specified in the lease. Contract between tenant and landlord, or his assignees. --207.164.xx.xx




WHERE is law that says (by S i d [MO]) Posted on: Oct 26, 2023 11:46 AM
Message:

I don't know if it's specified in statutes, but it is strongly implied. As others have said, the lease is a contract for X-months or X-years. Contacts cannot be unilaterally changed unless one party defaults, and then a judge must change or terminate it. So you SELLING the property has no effect on your lease contract. The new BUYER is simply stepping into your shoes and fulfilling the contract on your behalf.

Common law, if nothing else, would dictate the principle.

What's the concern here? Is something at play more than "just curious?"

--70.57.xx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 26, 2023 11:49 AM
Message:

Sisco then who has legal standing to ENFORCE the lease? The agreement is between Old Owner and Tenant. When Old Owner sells the property, New Owner must honor all the terms and conditions. But if TENANT does not abide, New Owner can enforce Old Owner's terms?

But we have an issue where, in the lease in place right now, the rent must be "hand-delivered" to the Owner, which we would never want (All our rents are paid online.) They also screwed up the term of the lease: text says two years, written dates make it three years (lease should end 12/31/24 but they screwed up and wrote 12/31/25, which make it a full three years, not two.) Some other minor issues.

I just want to READ THE LAW so I can craft an offer that works for us. --173.18.xx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 26, 2023 11:52 AM
Message:

Cannot even find a strong implication, Sid. Leases always state this is an agreement between named Landlord and Tenant. If the named Landlord sells the place, who can enforce the lease? Is it so one-sided that Tenant gets to live out the lease but new Landlord can't enforce it because they are not a party to it? Nothing in the lease discusses sale. --173.18.xx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 26, 2023 11:52 AM
Message:

Cannot even find a strong implication, Sid. Leases always state this is an agreement between named Landlord and Tenant. If the named Landlord sells the place, who can enforce the lease? Is it so one-sided that Tenant gets to live out the lease but new Landlord can't enforce it because they are not a party to it? Nothing in the lease discusses sale. --173.18.xx.xxx




WHERE is law that says (by 6x6 [TN]) Posted on: Oct 26, 2023 11:56 AM
Message:

Interesting. I can see the dates getting mixed up. --73.190.xxx.xxx




WHERE is law that says (by LTD [AZ]) Posted on: Oct 26, 2023 11:56 AM
Message:

This is where having Legal Shield (aka my research asst) comes in handy. One call and a lawyer calls back with the answer, for 25 bucks a month. --47.216.xx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 26, 2023 12:23 PM
Message:

I asked the head of our Real Estate Board. No idea. Knows it exits - everyone says so - but no one seems to know where it is in the law and what the exact wording says. --173.18.xx.xxx




WHERE is law that says (by S i d [MO]) Posted on: Oct 26, 2023 12:37 PM
Message:

WMH,

To be clear, I doubt there is any specific language that implies it, but the fact is you have a contract with the tenant, and that contract must be fulfilled. It is the conditions under which the contract exist that imply that the lease terms must be fulfilled.

I look at it this way: in spite of our Govt going on overdrive passing millions of laws, they still don't pass a law that regulates every single behavior in every single situation. That would be impossible because every situation is slightly different. Therefore, they rely on legal principles.

The first principle here is that you and the tenant have a contract that must be fulfilled, unless a judge invalidates/terminates it.

The second principle is that, unless all landlords want to be forbidden from selling their property unless it is vacant, then by default the new landlord agrees to accept the terms and fulfill that role.

That's all I've got. I'm not a legal expert. If you want to spend the money to have a lawyer tell you why this is so from a formal viewpoint, be my guest. Otherwise, accept it under the final principle, "That's just how we do things around here."

--70.57.xx.xxx




WHERE is law that says (by wmh [NC]) Posted on: Oct 26, 2023 12:59 PM
Message:

Sid *we* don't have a contract with the Tenant, the Seller does. But although most terms are acceptable, about three are just not and I just can't make an offer as a result.

Plus this has come up just in general conversation so much over the years - I just want to actually read the law and not take someone's word for it - especially as NO ONE knows where the idea come from.

I hate accepting that "everybody says this" but no one seems to know why. --173.18.xx.xxx




WHERE is law that says (by Sisco [MO]) Posted on: Oct 26, 2023 1:02 PM
Message:

You as property owner has standing to enforce the lease, as does tenant.

If the tenant is not abiding by the lease terms, then take action to end this lease that was in effect assigned to you when you purchased the property.

If you have a 3 year term and other lease terms that you would never write in your lease agreement, you will need to abide by stated terms of the lease as will the tenant. --149.76.xxx.x




WHERE is law that says (by Sisco [MO]) Posted on: Oct 26, 2023 1:09 PM
Message:

W, you are looking for law that states that a residential a lease contract survives after sale of property. The concept goes without saying. You wonít find such law because the lease contract shall be upheld and shall not be upended by a sale. We as LLís would simply sell our property to another entity and remove tenants for trespassing if a lease contract could so easily be nullified. --149.76.xxx.x




WHERE is law that says (by wmh [NC]) Posted on: Oct 26, 2023 1:19 PM
Message:

Sisco, I understand what you are saying. But WHERE DOES IT SAY THE LEASE CONTRACT WILL BE UPHELD since it is "by and between" another named party - not a generic "owner of the property" which would make more sense overall - but specifically between two named parties.

I just can't stand taking someone else's word for something they can't prove anywhere in the written law. I'm stubborn that way.

If it's out there, GREAT. I just want to read it. --173.18.xx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 26, 2023 1:35 PM
Message:

I found this. Doesn't help, but:

"The buyer must honor all existing lease agreements that will end within 180 days after the transfer, defined as the recording of the deed to the buyer."

This is covered by the NC VACATION RENTAL ACT. I can't find the same under a regular rental. --173.18.xx.xxx




WHERE is law that says (by Ken [NY]) Posted on: Oct 26, 2023 3:28 PM
Message:

For what it is worth,when i buy occupied units there is rarely anything in writing and i have no problem getting the tenants to sign my rental agreement,i think if you confidentally go to the tenants and tell them you need to sit down with them and sign a new lease i think they will with no problems --74.77.xx.xx




WHERE is law that says (by Landlord ofthe Flies [TX]) Posted on: Oct 26, 2023 4:22 PM
Message:

One place to look is your own lease. It lists the ways that the contract can be cancelled based on mutual agreement. Selling the house is not listed as an option. It's contract law that you need to explore. If you could sell your house to get rid of a tenant, everyone would be selling their houses from one landlord owned LLC to another. --108.69.xxx.xxx




WHERE is law that says (by John... [MI]) Posted on: Oct 26, 2023 4:46 PM
Message:

I think most of you are missing WMH's point here. You are all referring to things related to when we SELL a property. WMH is referring to BUYING a property with a lease in place. They know that the tenant can stay. They are looking for something that makes it clear that they are considered to be in the same legal position as the SELLER was in the agreement.

It's actually an interesting question.

--67.209.xxx.xx




WHERE is law that says (by unb [GA]) Posted on: Oct 26, 2023 4:47 PM
Message:

The contract binds.

I like the go to tenant and get new contract. Lower the rent 25.00 and put in the dates you want. Have seller make up the difference. If they want to sell they'll do it.

--108.239.xx.xx




WHERE is law that says (by Mike45 [NV]) Posted on: Oct 26, 2023 5:41 PM
Message:

The Seller can sell only the rights that he has. Because there is a pre-existing lease between the Seller and the Tenant, there are certain rights that the Seller no long has -- such as the right to possession of the property -- that belongs to the Tenant.

The Seller cannot transfer to the Buyer rights that the Seller does not have. The Seller's right of possession is a future right, contingent on the Tenant surrendering possession or the Tenant being evicted or ....

Bottom line, the answer to the OP's question is in looking at ownership as a bundle of rights, some of which the Seller has separated out from the entire bundle. In other words, the lease runs with the land and binds the Buyer.

I hope this clarifies things.

--71.38.xx.xxx




WHERE is law that says (by 6x6 [TN]) Posted on: Oct 26, 2023 6:02 PM
Message:

WMH, I asked your question to AI, here is the answer from AI:

"The law that states ďlease follows propertyĒ is a common law principle that is recognized in many states in the United States. This principle means that when a property is sold, the new owner must honor the existing lease agreement with the tenant1.

However, itís important to note that landlord-tenant laws vary by state, and some states may have different rules regarding this principle. For example, in Pennsylvania, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Landlord and Tenant Act2.

If you have any further questions about landlord-tenant laws in your state, I recommend consulting with a local attorney who specializes in this area of law."

--73.190.xxx.xxx




WHERE is law that says (by 6x6 [TN]) Posted on: Oct 26, 2023 6:11 PM
Message:

Googled this: What does the North Carolina law say about lease follows property? and got this:

"If you are a tenant in possession of the property, the law presumes that the purchaser is aware of your tenancy, and requires that purchaser to honor your lease until it expires. However, you could be evicted if you agreed in your lease that you would vacate the premises upon the sale of the property.

Renting Residential Real Estate Brochure - NCREC" --73.190.xxx.xxx




WHERE is law that says (by Jim in O C [CA]) Posted on: Oct 26, 2023 6:18 PM
Message:

UNB and SISCO are correct. --146.70.xxx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 26, 2023 6:41 PM
Message:

6x6 I found those quotes but none of them are the LAW. I simply want to read the actual d*mn law.

For instance, I was told forever that NC has a 30 day notice rule. By everyone I ever talked to. I accepted that as common knowledge. HOWEVER one reading of Chapter 42, the actual NC LL/Tenant law, says that Notice is defined by the written lease (so we require SIXTY days because we can) but if it's oral, at least 30 days is required on a year's term, only SEVEN days on a monthly term and 2 days on a weekly.

NO ONE in NC seemed to know this, from Realtors to Joe Schmoe.

I was also the one who discovered the hidden ADU ordinance - it wasn't published I found it PDF minutes of a county meeting. When I called the County to confirm, I had to go through a couple of people before they admitted it.

Realtors didn't know it, lots of County people didn't know it.

So I don't trust "common knowledge." --173.18.xx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 26, 2023 6:47 PM
Message:

I forgot another one: I was told by the County Clerk that I had to issue a written demand for rent and wait 10 days before filing for eviction. That's only true if you don't have a properly written lease. Which was discovered by reading the actual statute.

I went several years without reading the LL/Tenant laws because I listened to 'experts.' It wasn't until I came here that I learned to read the laws. --173.18.xx.xxx




WHERE is law that says (by DJ [VA]) Posted on: Oct 27, 2023 9:51 AM
Message:

I don't have the answer to your question, but.....

If you want to buy this property in the meantime - while you are still looking for the law - make the seller straighten it out as a requirement for the sale.

Since the seller may not be on top of things as well as you are, it may require some hand-holding like giving your documents for them to use to get a "proper" lease signed before the sale. --68.229.xxx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 27, 2023 10:56 AM
Message:

I am not going to pay the full price for this property no way. They paid $150k 6 months before putting back on the market at $340k (they did do a lot of work, but not *that* much.) No offers. They have dropped to $299k and no offers. I won't pay more than $200k maybe $225 but with the terrible leases, I won't pay anything.

Seller is related to one tenant and could work with them to adjust the lease, but they JUST signed a new one with a new tenant. She has applied to us before and we turned her down for income but she does have a good steady responsible job.

It's the wording of the leases that is stopping me from making any kind of offer. --173.18.xx.xxx




WHERE is law that says (by Oregon Woodsmoke [ID]) Posted on: Oct 27, 2023 11:37 AM
Message:

You are looking in the wrong place. it is contract law and not real estate law or landlord law. --76.178.xxx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 27, 2023 11:47 AM
Message:

I can't find it in ANY law. I'm just searching the internet, not just specific LL/Tenant law. --173.18.xx.xxx




WHERE is law that says (by WMH [NC]) Posted on: Oct 27, 2023 12:14 PM
Message:

Found this in an NC sales contract (!)

RENTAL/INCOME/INVESTMENT PROPERTY: The Property shall be conveyed subject to existing leases and/or rights of tenants. Seller shall deliver to Buyer on or before ________________________________________, true and complete copies of all existing leases, rental agreements, outstanding tenant notices, written statements of all oral tenant agreements, statement of all tenantís deposits, uncured defaults by Seller or tenants, and claims made by or to tenants, if any.

To me the wording suggests it's OPTIONAL to put this in the contract, but who knows? --173.18.xx.xxx




WHERE is law that says (by Don [PA]) Posted on: Oct 27, 2023 2:01 PM
Message:

It may be ancient common law, recognized in a state by court decisions. --73.194.xxx.xxx




WHERE is law that says (by zero [IN]) Posted on: Oct 27, 2023 6:14 PM
Message:

Make the offer as DJ suggested with the caveat that the tenants all sign new leases. When I did that with ten units I had zero pushback. They all signed my lease.

If it comes down to the end and one says no then you walk.

I realize that I am not in NC but it seems that you could give it a try while you are still researching. Nothing to lose if it doesn't work out besides a little time and frustration. --107.147.xx.xxx




WHERE is law that says (by unb [GA]) Posted on: Oct 31, 2023 4:53 PM
Message:

I found in GA code 44-7 a law on the books for tenants at will on property sold. The law said tenants at will require 60 days notice to vacate-- which is exactly the regular law. The quote above was specific for people month to month. Our lase says 30 but it would be thrown out as improper notice. --108.239.xx.xx





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