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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
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Experience:  Attorney
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My daughter signed a lease contract and the landlords sold

Customer Question

My daughter signed a lease contract and the landlords sold the property. She signed the lease the day she was moving in and we asked the question if they sold the place what would happen and she stated that they would have to honor their lease but failed to show us the part in the lease that stated:
further more if new owner wants to take possession of a unit, the lessor reserves the right to buy out the leasee’s lease for the amount up to 3 months of the lease or the balance of the lease remaining, whichever is less.
I know it is her fault for not reading the lease closely, but since she has been here only 3 months, enrolled daughter in school and nothing else around for rent. Can she refuse the buyout? And if not doesn't the state of Illinois require a 60 day notice from new owners if on a year to year lease
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note:This is general information 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.

The new owner would be taking an "assignment" of the lease as part of the purchase, and would be stepping into the shoes of the landlord and having both their rights and their duties. The lease contract does not have to mention this specifically for this to be true, as this is an automatically applicable doctrine under common law.

if new owner wants to take possession of a unit, the lessor reserves the right to buy out the leasee’s lease for the amount up to 3 months of the lease or the balance of the lease remaining, whichever is less

This is a clause in the contract, I am guessing. This overrides the assignment doctrine, and gives the new owner extra rights to buy out the tenant. No, I am afraid she cannot refuse the buyout if she signed the lease, I am sorry to say - this is a contractual agreement.

While the state may require 60 days notice on a yearly contract, this is different - it would be an early termination buyout - one that the new owner has a right to - and the same 60 day notice would simply not apply here.

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Customer: replied 2 years ago.
Would it be worth her while to go thru the eviction process? I was thinking that maybe that would give her more time to find a place within the current school district.
Expert:  Ely replied 2 years ago.

This depends on her goals. If she must buy time, then the eviction process (and possibly appeal) will do this. However, not by much - perhaps a month to a month and a half at most (an appeal can extend this to a several months).

However, an eviction judgment would hurt her credit and have her less likely to find a lease in the future. So simply "riding out the eviction and appealing it" just to buy time is often the last resort.

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 2 years ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

Customer: replied 1 year ago.
wouldn't he have to give her the money first? If she leaves, he could say that the lease is voided now and he doesn't have to pay. All she wants is her money and doesn't trust him to pay afterwards. He is showing very unprofessional behavior and threatening her if she isn't out. The first certified letter she got was Oct 9th and it never said anything about a 30 day notice just that he needed his girlfriend in by Oct 31. Now he is starting to scare her.
Expert:  Ely replied 1 year ago.

By money I am guessing "deposit" that she paid to the landlord at the beginning of the lease?

If so, then no, the landlord has a right to hold on the the deposit for 30 days. He must return the deposit after 30 days end, minus (1) damage to the property but not counting normal wear and tear, and/or, (2) withholding for any rent due that was not paid by her. If he withholds her deposit wrongly, then she can go to small claims court to get it back.

The fact that she paid to the original landlord does not matter - the person who bought the property now has this landlord right/duty to the deposit.

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Customer: replied 1 year ago.
No I am talking about the buy out money. He has to pay her for 3 months rent in order to take possession of the unit as stated in below clause. If she leaves she is afraid that the lease with the clause would no longer be valid.if new owner wants to take possession of a unit, the lessor reserves the right to buy out the leasee’s lease for the amount up to 3 months of the lease or the balance of the lease remaining, whichever is less
Expert:  Ely replied 1 year ago.

Ah, I see. My apologies.

If the contract does not say when the money is paid, then the default time is to have her paid ON THE DAY THAT SHE MOVES OUT. It is up to them to agree how to do this. They can also sign a statement that she agrees to move out and will do so unless he fails to pay her on the last day, and then her moving out is moot. This would "add on" to the original agreement and be binding, and would help to ensure that he pays her.

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