Can the landlord kick me out of my home with 30 days notice if we are in a one lease agreement so she can sell the home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can the landlord kick me out of my home with 30 days notice if we are in a one lease agreement so she can sell the home?

I am a tennant. I signed a one year lease with my landlord in January 2009. My landlord phone me yesterday and wants to give me 30 days notice to move out because she wants to sell the property quickly because she may lose it to foreclosure. A lis pendes has been files but no hearing has been scheduled. Do i have a right to stay in the home if my rent is on time? Should i pay my rental to the landlord or to a court registry?

Asked on May 29, 2009 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Absent specific language in your lease allowing for this, your Landlord has no right to terminate your lease under the circumstances.  Your lease must be honored.  If she wants to sell she can but the new owners must would have to buy subject to your tenancy; that means you could stay until the expiration of your lease term. 

But note, as long as your landlord remainds the legal owner of the property your duty to pay rent to her is still in effect.  If you stop paying her, she can move to evict you. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption