My current landlord is selling the house
I currently rent a home, the landlord is selling the house. Closing is to be the begining of June 2005. the new owner-to-be dropped off a new rental agreement for me to sign today, 4/22/05. He told me to sign it now and give him his security deposit now. He also stated that I have to pay him directly for my May rent, not my current landlord. Do I have to pay another security deposit? Doesnt he have to abide to the current rental agreement? He is stating in the contract that all of the applianced convey with the property. The appliances are mine, not the current landlords’. Can he evict me if I dont agree to this rental agreement? if so, how does that process work? He is planning on demolishing the home in 3 years to put up a business of some sort. HELP! Thanks. Karen
Re: My current landlord is selling the house
Here’s how “that process works” under current Virginia law: the new owner(when he actually becomes such)takes his newly-acquired property subject to any valid leases to subject property, meaning that, normally, he/she is required to honor and fullfill the terms of such leases until their legal termination.
It would appear that the person whom you’ve described as the new owner is acting somewhat prematurely and that, therefore, her/his importunities( look it up if you must)should be ignored until they acquire the necessary sustenance of legal requirement.
Michael E. Hendrickson
Attorney & Counsellor at Law
211 North Union Street Suite 100
Alexandria, 22314
Re: My current landlord is selling the house
First, you have to look carefully at the lease. Is the lease still in force? When does the lease end? Obviously, if the lease has already ended and you are month to month, then the owner/ landlord can of course end the lease at any time. Also, check whether the lease terminates if the house is sold, according to the text of the lease or whether the landlord can terminate.
In general, however, NO, the landlord has given you the right to stay in the house until the end of the lease. If the landlord chooses to sell the house, the new owner buys it SUBJECT TO the existing lease. The new owner can only buy what the current owner has to sell, and the owner has already given you the right to live there through the end of the lease. Therefore, the new owner cannot buy what the old owner does not have. As a result, the new owner is bound by your lease through its end.
If the appliances are yours, they are yours. Again, the old owner can only sell what he owns. Therefore, if he does not own the appliances, it is utterly irrelevant what the contract for sale says. The new owner cannot buy your appliances from someone else.
The problem is proving that the appliances are in fact yours. What evidence can you produce to prove that? If the old owner denies it, you would have to convince the judge that you bought and own the appliances.
Of course you do not have to give a new security deposit. Tell the new owner he can retrieve the security deposit from the selling owner.
Now, what you can do is to ask the new owner what he is willing to give in return for you signing a new lease. For example, is he going to reduce the rent? Otherwise, no.
In order for him to evict you, he would have to go to court and produce the lease. If the lease says that you still have a right to be there, and you have made all payments, then the judge would say DENIED and find in your favor.
Of course check to make sure that they can’t drum up other parts of the lease that you have violated.
Jonathon Moseley
Office of Jonathon Moseley
1818 Library Street, Suite 500
Reston, VA 20190