How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 55859
Experience:  Experience representing landlords and tenants.
11313492
Type Your Landlord-Tenant Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

I am a landlord and the rentals are in NJ. I have two

Customer Question

I am a landlord and the rentals are in NJ. I have two rentals, one is a single family and the other is a multifamily (4 unit). With regards ***** ***** tenants, if I need to sell the rental (single or multi-family), what do I need to do in each case? Things
such as how many days notice for tenants to move out, does it matter if I sell the house 1st then have the tenants move, or if I want to have the tenants move prior to the sale process, or anything else that you have encountered in selling an occupied rental
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A sale of the rental property has no effect on a lease. That means, if you have tenants who have a contract for a set term, they get to stay until the end, even if you sell the property. The new owner will take subject to their tenancy. You'll transfer the security deposit to the new owners, and they'll be responsible for returning it when the tenants eventually move.

With month-to-month tenants, you're allowed to give them 30 days notice to vacate at any time. Some landlords give notice as soon as they decide to list the property to do repairs and avoid any problems with the tenant objecting to showings. Others wait until they have a contract for the sale, so they still get rent (because it's hard to know how long a sale will take). That's entirely up to you and can depend on the amount of work you need to do on the place to get it ready to show. But if you want the luxury of selling the property at any time, your tenants would need to be on month-to-month leases. The tenants are required to allow you access to the property for showings when it's listed for sale, as long as you give them notice.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
For the case:"Some landlords give notice as soon as they decide to list the property to do repairs and avoid any problems with the tenant objecting to showings.", for the multifamily, does the landlord need to wait for each tenants lease to end?
Can I legally put a clause in the lease stating that if the landlord is selling the rental he can give 30 or 60 days to terminate?
Expert:  Lucy, Esq. replied 1 year ago.
Let me back up. I'm afraid I didn't see that you said you were in New Jersey, which is the only state that doesn't allow a landlord to simply refuse to renew a lease. You CAN offer new terms (such as a month to month or higher rent) when the lease expires. You cannot simply terminate the lease without a sales contract with someone who is planning to move into the property as their residence. Also note that the contract MUST call for an empty property at the time of the closing.
Tenancies are governed by N.J. Stat., Section 2A:18-61.1. Here is a list of the only reasons you'd be able refuse to renew a lease.
http://www.evictionsunlimited.com/nss-folder/1nocontent1folder/NJSTATUTES.pdf
Any lease provision where the tenant waives protections guaranteed by law is void. Section 2A:18.61.4.
Customer: replied 1 year ago.
Wow. If the buyer of the multifamily:
1. is not living in any of the unites and wants to rent all the units
2. will live in one of the units and rent the restcan I terminate the lease in these cases?
In the cases that I can terminate the lease, how many days in advance do I need to notify the tenants?
Expert:  Lucy, Esq. replied 1 year ago.
New Jersey law on this is so different from every other state, I'm going to opt out and see if someone else can help you. I'm sorry. I just want to make sure you get the right information.
Expert:  Infolawyer replied 1 year ago.

I am licensed in NJ. do you still need need an answer and what would you like to know at this point?

Expert:  Infolawyer replied 1 year ago.

awaiting your reply.

Customer: replied 1 year ago.
Please read the discussion and answer my last questions which were:
If the buyer of the multifamily:
1. is not living in any of the unites and wants to rent all the units
2. will live in one of the units and rent the restcan I terminate the lease in these cases?
In the cases that I can terminate the lease, how many days in advance do I need to notify the tenants?Thank you

Related Landlord-Tenant Questions