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RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 12402
Experience:  Experienced in multiple areas of the law.
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Rented home from wife... Never dealt with husband. Rent

Customer Question

Rented home from wife... Never dealt with husband. Rent always paid on time... Lease not up till June 2016. Couple just divorced husband now has ownership of home...said we MUST be out by weekend because he IS moving back in immediately... Threatening to file eviction notice... What are my rights or options?
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer.

So I can better assist you, can you tell me if you are a month to month tenant, or if you have a written lease?

Expert:  RobertJDFL replied 10 months ago.

Rereading your question, it sounds like you have a written lease, since you say it ends in June.

New owners assume the lease obligation of the tenants when they purchase the home. The lease is an encumbrance on the property. While a new owner takes on the benefits of the house, they also take on all of the obligations. If the husband tries to sue for eviction, you can raise the defense that you have a lease and he is trying to evict you without cause. I cannot see a judge entering an eviction order. And, he cannot execute "self help" to get you out -e.g., he can't change the locks, cut off utilities, or throw your property out.

If you incur damages of any sort from his unlawful eviction, you could actually sue him for damages. Now, if you were a month to month tenant with no lease ("tenancy at will") you could be evicted once given proper notice (usually 30 days).

If you need clarification or additional information, please reply and I'll be happy to assist you further. Thank you.

Expert:  RobertJDFL replied 10 months ago.

If you need clarification or additional information, please reply, and I'll be happy to assist you. Otherwise, kindly remember to leave me a positive rating (3-5 stars) as that is the only way experts on this site are compensated for our time and expertise, even if you have previously left a deposit. Thank you.

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