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What law that requires lease terms be honored when a landlord sells a house?

What law that requires lease terms be honored when a landlord sells a house?

Postby yago » Mon Nov 21, 2011 2:09 am

My boyfriend and I signed a year lease starting June 2011. A few days ago, we got a knock on the door, and the person informed us that they had bought the house we are renting, and that we have to sign a new lease with them. They want us to sign a month-to-month. Our old property manager told us that they are required to honor the terms in our original lease. I was wondering if there is a law or statute out there that I can show the new owners. We live in Texas.
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What law that requires lease terms be honored when a landlord sells a house?

Postby stein74 » Mon Nov 21, 2011 2:13 am

Your lease is valid until it expires and the terms can not be changed

UNLESS the new owner bought the property at a foreclosure sale.
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What law that requires lease terms be honored when a landlord sells a house?

Postby chatima » Mon Nov 21, 2011 2:23 am

It's the law of property. Encumbrances on property run with the property, and bind successive owners. Leases are encumbrances, and bind succesive owners. That's why if you buy a property with an existing easement, you are stuck with the easement, even though it was granted 50 years earlier by some owner that you never met before in your life. That's why if you buy a property with an existing tax lien, you are stuck with the tax lien. You can't go to the tax collector and say, "I just bought that property, and I don't like that $10,000 lien. So, sign this new lien that says it's only $1." Doesn't work that way.

Tell the new owners that you like the existing lease just the way it is, and that you will expect them to honor the lease terms for the next 12 months.
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What law that requires lease terms be honored when a landlord sells a house?

Postby larenzo » Mon Nov 21, 2011 2:27 am

a; tort law
b; landlord-tenant law
c; in AZ, I can tell you
in TX..........call a RE broker; they are tested on this subject.
and the last answer is easiest;

leases are assets to the house; they go with it.
thus, if the new owner tells you what to do, he has the right of freedom of expression. YOU do not
need to obey him. IF you have a month to month, you can be tossed in 30 days.
iF 6 mo to longer, of course, the length of the lease

or the new owner can OFFER to buy out your lease; which you can accept or reject.

he can go to court to TRY TO SUE YOU and that is called a FRIVOLOUS LAWSUIT and a judge
will toss it out and award YOU damages.

so, ignore him and just pay your rent and start seeking your next home!
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