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  1. #1
    Join Date
    Jan 2011
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    1

    Default Who is Responsible to Repay Rent After Sale of Rented Premises

    My question involves landlord-tenant law in the State of: New Hampshire
    Nov. 2008 my husband and I allowed his mother to move into our basement. The agreement was $50,000 upfront. It was broken down to $5,000 a year (rent and utilities) for 10 years. In May of 2010 we divorced and his girlfriend bought the property. She was aware that his mother lived downstairs and his mother was aware that the girlfriend was buying the property. I was told by my ex that if the girlfriend bought the house (rather than us putting it on the market) then we would not have to pay his mother back the balance ($40,000) because she agreed to continue living there with the new owner. The new owner (the girlfriend) was also aware that the mother would continue to live there. The house was sold and a few months later they tried to evict her. She is now suing her son and the girlfriend for the balance of the $40,000. The girlfriend is now saying the mother was never a tenent, but "a guest" in her home. His mother was not suing me, but my ex has brought me in as a co-defendant. Who is responsible for paying the mother her $40,000? Did my responsibility end the day we closed on the house? The mother was never notified that she was just " a guest". I was never notified the agreement was changing from a pre-paid tenent to "a guest". I was told the agreement was carrying over to the new owner who is now claiming she never knew of the rental agreement. None of the agreements are written all verbal

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Who is Responsible to Repay Rent After Sale of Rented Premises

    If I can try to decipher that.... Your ex-husband's girlfriend bought the house subject to this ten year lease. She agreed that she would honor the ten year lease? Should we assume that the purchase price was lowered accordingly - she paid less than market value because of the remaining eight years on the lease? Then a few months later she sold the house to another person... and what? Neither the girlfriend nor your ex-mother-in-law lease or its terms, so that they were surprised at closing when your mother-in-law hadn't moved out? Or what? And now they want to evict her. And the girlfriend denies that she got a price break on the house, denies that she knew anything about a lease, and claims that throughout this entire period she was told that your ex-mother-in-law was a non-paying house guest? And there's no documentation anywhere of the lease, of the associated agreements, of any representations made to the girlfriend (not even on the seller's disclosure statement from the sale), or of any promises made by the girlfriend?

    Is your ex still dating this girlfriend? He's stating in the litigation that she knew, all along, that his mother was her tenant and would remain a tenant for eight more years?

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