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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100052
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I signed a new lease 5 day ago 1 year lease ( my third lease

Customer Question

I signed a new lease 5 day ago for a 1 year lease ( my third lease with this person )I was told in an E Mail that is done and will start July 1 2016 yesterday i received a text stating the owner is selling the property and I am required to vacate by July 31 2016
Is there anything I can do
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ely replied 6 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me: In your lease that you signed 5 days ago, does it state that the lease will terminate if the property will be sold. Or, no such clause exists?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 5 months ago.
no it does not state that. My problem is the owners did not sigh new agreement, but they issued it to me to sign and then informed me everything was fine. the 2 days lated they text me to say lease has been cancelled. also I did not change anything on the lease agreement
Expert:  Ely replied 5 months ago.
Thank you.
1) The fact that the landlord/seller is selling the property is a non-issue, meaning the buyer would simply become the new landlord and step into the shoes of the old landlord/seller. They would then have the same rights/duties as the seller/landlord, after the sale.
2) A contract is valid once the person who is to pay signs it. Ergo, the contract is considered VALID arguably, even if the landlord did not sign it. As such, someone in your situation may wish to argue that there is a new lease, and that you intend to finish it. If they try to evict you, then the Judge would decide and as long as the person who is paying (i.e. tenant, you) signed the lease, it has become valid.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 5 months ago.
would you be able to handle this with the owners, I would pay you fee. also if I decide to stay and then they evict me what are my options and how do I handle them.
Expert:  Ely replied 5 months ago.
Hello,
Thank you for your reply. I am sorry to say that JustAnswer experts cannot take customers on as clients.
If you stay, and the new owner or the old owner tries to evict, you would be served with a notice and then summons. If so, then you can go to court on the date and show the lease, and argue that by YOUR signature and the corresponding emails, the new lease is in force.
Meantime, rent should be paid on time, and via certified letter, return receipt request (unless the lease states otherwise) so the landlord cannot claim you missed payment.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 5 months ago.
Will talk to wife tonight to see what she wants to do let you know tomorrow
Thanks
Expert:  Ely replied 5 months ago.
No problem. Thank you for responding.

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