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 Roger Your Own Question
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

Renting property for last year and never late with rent, but

This answer was rated:

Renting property for last year and never late with rent, but lease is up next week. Unfortunately the property sold last week and now new landlord is pressing us to sign new lease but wanting to greatly increase rent. Said sign lease or get out in 5 days. He is even calling at 10PM at night. Can he do that?
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

You can't be removed until your lease is up, but once that occurs, then you have to be out if the lease is not renewed. IF you aren't out by the end of the lease, then the landlord can file an eviction lawsuit and get a court order directing you to move out. The court could also require you to pay rent - - even double rent - - for each day you stay after the lease.

Thus, technically, the landlord has a right to order you to vacate by the end of the lease, and to institute eviction proceedings if you aren't.
Customer: replied 3 years ago.
??? Without fair notice?? We had no intentions of moving however this sale came about so quick-- we were only infomed by previous owner last night and according to lease it is up on 5/20 eventhough it was the 1st of the month to the last. Rent due on 1st of each month? New landlord is wanting to reduce space and/or double rent. Seems like we would at least be entitled to a 15 day notice???
Unfortunately, yes.

Under the law, you've known since you signed the lease that it was ending on a certain date. Thus, legally, you've really been on notice as long as you've had the lease.

You can try to work something out with the landlord, but legally, your right to be there ends on the date the lease says.
Roger and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
Toatlly makes no sense since lease was previously discussed with old landloard and our intentions to stay were made clear. If not for last minute change in ownership this would not be an issue. It is not my intention to move however I can not afford this sort of increase and without due notice can not make arrangements to move in two days!
I can totally understand your frustration with this, and it's unfortunate that the property sold and the new landlord has made this call, but legally speaking - - and that's all I can comment on - - you have to be out when your lease is up. If not, the landlord has the right to evict you.

I know there are courtesy issues and moral issues issue here, but I'm just trying to tell you what the law is in your situation.
Customer: replied 3 years ago.
Unfortunately No one said the law is fair but I do appreciate your time in this matter. Thanks
Sometimes the law is harsh, and in a situation like this, the results aren't fair to you. But, I do appreciate you not "shooting the messenger".

Related Real Estate Law Questions