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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53961
Experience:  Lawyer; developer/owner of RE developments.
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I have lived in my apartment years. My unit was just sold so

Customer Question

I have lived in my apartment for 35 years. My unit was just sold so I have a new landlord. At the time of sale, I had a lease which is in effect until 4/30/18. Now the new owner want to raise my rent effective in a couple weeks. Is that legal?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 9 months ago.

Good afternoon Cindy. My name is ***** ***** I look forward to helping you.

A sale of the property does not terminate your lease unless this was a foreclosure. Otherwise, the new owner takes the property subject to your lease and is stuck with the terms of the lease. Just as you wouldn't have the right to unilaterally terminate the lease or lower the rent in the event of a sale, the new owner has no legal right to change the terms of the lease that encumbers the title. And, he can not deem you to be in default and force you out. Even if he were to allege you to be in default by not accepting a higher rent, the law does not allow a landlord to forcibly evict a tenant without obtaining an eviction order from a court. Rather, what the landlord has to do is to first deliver a Notice Notice to quit i..which basically says you have a specified number of days to leave or face eviction. But, if you don't leave, the landlord must then file a petition with the court for an eviction order. You will get written notice of that hearing and should appear. At that hearing, you would present your lease to the court and the court will dismiss the new owner's claim for eviction and that will be the end of it for you.

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