Hello.renter needs help!!!!?

Hello.
My name is Laura.I am 37 and have no real understanding of landlord tenant laws.
This is my position;my husband,my son and I have lived in the same apt. for the past 5 years.Where we live is a ranch.It has a house(where we rent an apt) and a barn w/ active horses.We take no part of the barn or horses.
The house has 20 acres and has been up for sale for as long as we have lived here if not longer.
My landlord leased out the barn and stalls to a family that has all intentions of buying the house.Landlord says"when the sale is final he has no problem with giving us 90 days to move.Fair enough.the buyers claim that once the buy they property….that they are not responsible for any and all leases,which the buyers mind make our lease null and void.
Our rent is up to date and there has never been any problems with our current land lord.We don’t have lawyers.My husband works just about 18 hours a day.
Can we be bumped out because of a new owner?Can the new owner keep our deposit?
Do the new owners have the right to nullify our contract?
How is this all possible?My family and I where never prepared to move and right now ,where we live is a very resort town…….finding anywhere is going to take all our nest egg and than some more.Plus I find the renters-possible new owners very rude and intrusive.Until they buy our life here in the house shouldn’t’ be disrupted,should it?
Please just read over this and see what you can pull to obtain an answer.
Please email me with any questions you would have.
Thank you,Laura Fretz

8 Responses to “Hello.renter needs help!!!!?”

  1. hivoltgfly Says:

    Hello Laura, I can understand your anxiety. The 90 days your current landlord has provided you to find alternative housing sounds fair and it’s a shame that the new owners are threatening to dishonor that. Since the tenant laws vary by state, I checked your profile and saw that you reside in New Jersey? That is good because New Jersey is a tenant friendly state.

    To begin I found a great law website for the tenant laws in New Jersey: http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/index.cfm . In it you will find everything such as your rights as a tenant, and it even advises when you should seek a lawyer. I’m not saying that a lawyer will be necessary, but you should read the articles just in case it comes down to hiring one.

    Chapter 9 might be of interest. It discusses the causes for eviction. Eviction for cause is a basic rule of landlord-tenant law in New Jersey. This means that tenants can be evicted only under one of the causes or grounds for eviction listed in the Anti-Eviction Act. Cite: N.J.S.A. 2A:18-61.1. There are 18 different causes for eviction under the Anti-Eviction Act. No tenant can be evicted unless the landlord can establish one of these grounds. The law covers tenants in all types of rental property: a single-family house, an apartment building or complex, or a mobile home.

    I believe article I. "The owner wants to live in the apartment or house" applies to your situation. According to the article the Notice to quit (a notice required by law to inform a tenant what date they must move out by and why)—must be served on the tenant at least two months before filing the eviction suit. This is the step before an eviction, so at least you know you are protected by law there. The specific part of the law that applies states that he must give you the minimum 2 month notice "If the landlord is selling to a buyer who wants to move in, there must be a contract for sale and the contract must state that the house or apartment will be vacant at the time of closing."

    I hope this helps. I would definitely recommend reading the article and perhaps showing it to your current landlord. It’s also important to retain a copy of the contract you signed upon renting. Good luck with your situation!

  2. annabananna Says:

    A lease is binding by term, not by who owns the property at the time. You have a contract with the new owner the minute they buy the property. They purchased the interest along with the property. They can’t say, well, I just don’t feel like obeying that part of the laws of my state.

    The 90 day notice part seems fair, that’s plenty of time to find a new place to live.

    You need a lawyer.

  3. econ7pro Says:

    Okay try cutting down on the story, I know you’re upset but there needs to be some sort of order to this. But, from what I can grasp what I can tell you is that the lease agreement (contract) between you and your landlord is the deal breaker. If the landlord put in the agreement that he will give you 90 days to move out then you can take him to court for all this trouble. Besides that, by law an owner of real estate that has tenants renting cannot up and decide to sell without notice to his tenants, if the new owners do not want to rent. What you’re going to need to do is go down to the city hall in your local area, and ask to get information on tenants rights. You’re going to have to do a little research for yourself if you can’t afford a lawyer. Trust me, it’s nothing too difficult. If you find that he broke any laws you can very well take him to small claims court and sue for the maximum.

  4. big bad b Says:

    Here’s the deal.
    It varies state to state, but there are tenant laws that they must abide by.
    1) They cannot come into your place without a written or verbal notice, usually 48 hours. If they knock on the door and expect to come in, deny them access. Tell them if they enter without proper notice they will be arrested for tresspassing and unlawful entry. Your apartment is oyur property, the owner has relinquished all rights to that property when they sign that lease.
    2) all leases transfer with the subject property and must be fullfilled by all parties. If they are buying the property they are buying the lease unless it is mutually terminated or renegotiated. If you are month to month then you have 30 days after written notice to vacate.
    Hope this helps a little.

  5. ohnoslen Says:

    Depending on what state you live in. If you have a signed agreement, and let me repeat…SIGNED, the new owners need to uphold that agreement previously set. If they say that they are not responsile, well, they might need to check again. Usually the owners need to provide the potential buyers all information about the property such as any outstanding active contracts. If they did not, that is an issue between the previous owner and the new one…not yours. They definately cannot keep your deposit, unless there are damages that needed to be repaired. Now, if this whole 90 move out thing was verbal you are pretty much screwed. The main thing you need to have is that signed contract. Without it, you have no case.

  6. Frustrated Says:

    I think this would depend on the contract you have with your current landlord and if he would put a clause in the agreement with the purchasers allowing you to stay the 90 days. Your best bet would be to contact a lawyer ( try legal aid if you don’t have one and can’t really afford one?) to read over all agreements to protect yourself. Good luck and I hope your landlord does do something to protect you from being dumped into the streets when he sells.

  7. nickhawkins21 Says:

    Well first of all it depends on which state you live in. You do not necessarily need to contact a lawyer, you could just walk into a real estate office and talk to a realtor, they are knowledgable in the laws of rentals. The information I do have is from California Real Estate Law: If the former owner recorded the lease you can force the lease on the new owner. "If the lease is for more than one year the tenant cannot force the lease on the new owner unless the lease is recorded. California Civil Code Section 1214:" So according to Calif. law in most cases the new owner takes the property subject to existing lease and must honor the terms. But it depends on how the lease was written up and if it was recorded, as occasionally a lease provides that it will terminate if the property is sold. And as for the deposit, either the former owner gives you back your deposit or give it to the new owner.(Civil Code 1950.5-7)

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