Property Listed For Sale; I Have a Lease
My wife and I have are two months into a six month lease on a house. The landlord has contacted me twice in the last week about putting the house up for sale. She has used phrases like, "It's in both of our best interests" and "I've tried to be as up front as possible about this". At the end of the day, we don't really like the place all that much, but were comfortable in the arrangement and willing to fulfill our legal agreement.
I would like to know what my options are. The landlord says that she is going to list the property on Monday (April 2nd, 2007) and that doing so doesn't violate the terms of our lease. However, she's already stated that if the house sells, she wants to rewrite the terms of our lease giving us only 30 days to find a new place to live and move. That may not be a problem in other parts of the country, but it certainly can be out here. We have paid a "last month's rent" (as listed in our contract) so that last 30 days will be covered, but I'm worried that we're going to be hung out to dry. It seems unfair that they would be able (or want) to terminate whenever is convenient for them. I know that the lease agreement would still be in force regardless of ownership, but exercising my rights to take the lease to term could really jeopardize the sale of the property (especially since we have four months left and a typical CA closing is no more than 45 days).
I'm not trying to be vindictive, I don't want to screw her over. But at the same time I need to be sure that I can find a place for my wife and I to live.
Help!
Re: Property Listed For Sale: I have a lease!
Do not rewrite lease! If house sells before lease expires new owners are bound by lease. Now if you want out early you need that in writing from Landlord. You will also need a 60 day notice from Landlord when your asked to leave so in about two months! The only way you would want to rewqrite leas eis if you want out before lease expires
Re: Property Listed For Sale: I have a lease!
Thank you for the advice. I'm going to do as you suggested and have her put a time frame on the lease if we re-write. I'd like to get out early, but I don't need to. I will only rewrite the lease if the terms are conducive to my wife and I finding a new place to live.
Again, thanks so much for the help.