Tenant pays on time but new landlord wants to kick them out because of 30 day close in lease?

by **fenwick** » Wed Aug 01, 2012 9:36 pm

Lady with 2 children was never told by apartment manager of this 30 days close...She verbally assured
foreign tenant of a one year lease.Apartment changes ownership & the new owner wants her out
saying he has another tenant moving in because he can get more $$$...She was misguided
& she pays on time. Can she fight to stay ? Under Florida law ?

by **wethrby** » Wed Aug 01, 2012 9:43 pm

What does her lease say???

by **winwood** » Wed Aug 01, 2012 9:54 pm

If the tenant has a legally binding lease contract, the new owner must honor same until the lease expires. After that, he is free to not renew her lease. If she has no lease contract, all the new owner needs to do is give her 30 days notice that she must leave. If her lease contains a clause that she can be evicted in 30 days if the property is sold, she is also bound by that clause. That she was never told is irrelevant. Tenants who sign leases are expected to read and understand what they are signing.

by **panteno** » Wed Aug 01, 2012 10:07 pm

Yes......A verbal lease that is less than 12 months in duration is a legal and binding agreement. It would be the new landlord's responsibilty to prove in court that he can evict you prior to 12 month period. Tell the new landlord that you have a verbal lease for 12 months and you will move out only at the end of the 12 month term.

by **ardwyad** » Wed Aug 01, 2012 10:09 pm

Yes......A verbal lease that is less than 12 months in duration is a legal and binding agreement. It would be the new landlord's responsibilty to prove in court that he can evict you prior to 12 month period. Tell the new landlord that you have a verbal lease for 12 months and you will move out only at the end of the 12 month term.

That I know of the only other option other than honoring the lease is to buy her out of it. I believe that entails moving costs deposits first and last months rent and I believe the cost of rent for the rest of the lease term. Not sure of the details but I know most won't take that route because it is expencive.

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It depends on the lease.

If it is on paper, signed by the management, then she can stay until it expires. Then she has to leave.

If it is verbal she has to leave.

There is no possible way to force anyone to rent to her without a contract. Her paying, verbal agreements, etc, does not matter one bit.

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