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  1. #1
    Join Date
    Jan 2013
    Posts
    6

    Default Re: New Ownership = Eviction

    They are not arguing that they purchased the premises in May. I'm saying they did because I remember getting a notice on my door about a new owner in May.

    I did find this in my lease....

    Liens or Sales by Lessor:

    This lease is subject and subordinate to all present or future ground or underlying leases, mortgages or deeds of trust affecting the premises and the community entered into by lessor. Resident hereby appoints lessor as attorney-in-fact to execute and deliver any and all necessary documents to evidence such subordination. Foreclosure of any mortgage or any sale of all or any portion of the community shall not constitute a constructive eviction of resident and resident agrees to attorn to the purchases at such foreclosure or sale as if this lease was by and between resident as tenant and such purchaser as landlord. Upon any such foreclosure or sale, lessor shall be released from all obligations hereunder accruing from and after the date of such foreclosure or sale and resident shall look solely to the then owner of the community for the performance of the duties of lessor hereunder, including the return of the total deposits as long as lessor has assigned such total deposits to such purchaser.

    Layman's terms?

  2. #2
    Join Date
    Jun 2015
    Posts
    988

    Default Re: New Ownership = Eviction

    Double talk that says the new owner performs duties of lessor..but that you are screwed under terms of lease as to your security if lessor failed to assign them to new buyer ...questionable if a court will uphold that kind of stuff but I didn't read thru your state law on security deposits.

  3. #3
    Join Date
    Jan 2013
    Posts
    6

    Default Re: New Ownership = Eviction

    I get that part.

    To me it says that if they sell or are foreclosed upon then it "shall not constitute a constructive eviction". To me it says I won't be evicted and then the buyer would then be my new landlord "such purchaser as landlord". However, it does say "released from all obligations" and to "look solely to the then owner of the community" even though it specifically states to look to them for the "performance of duties". Wouldn't their duty also include honoring the lease?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: New Ownership = Eviction

    it says the new owners take over the leases of the old owner. I see nothing that allows them to terminate your lease but...



    there is still a concern with this:

    They are not arguing that they purchased the premises in May. I'm saying they did because I remember getting a notice on my door about a new owner in May.
    they may not be arguing they purchased the premises in May but they are arguing they do not have to abide by your existing lease. Since your lease was signed after May, (presuming that is the month it was purchased) unless the former owner was retained to act as property manager and did continue to have the authority of a landlord, your lease may not be valid.

    so you really need to get the timeline settled and then you need to figure out whether your old landlord had the authority to enter into a lease with you in June if your lease was in fact signed after the date the property changed hands.


    However, it does say "released from all obligations" and to "look solely to the then owner of the community"
    the first statement is in reference to releasing the old owner from all obligations and the second statement is simply telling where to look for who is to address your issues.

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