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I manage a property for an owner in AL. The lease is not up…

I manage a property...

I manage a property for an owner in AL. The lease is not up until Sept. 30. Owner is wanting to sell the house and I discussed that with current tenant and he said that was fine, he understood. He would only want a 60 days notice to find another home. Now he is saying NO--he is wanting to stay.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Alabama

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No maintenance, upkeep issues. Tenant pays rent on 1st and is a great tenant.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at the moment.

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Answered in 1 minute by:
3/21/2018
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,833
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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Does the lease contain any provision allowing for early termination of the lease?

Did the tenant sign anything agreeing to leave upon 60 days notice?

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Customer reply replied 4 months ago
No provision and no he didn't sign anything.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, the tenant can not be forced t leave until the lease expires or they are in default.

They can also agree to leave on 60 days notice if the parties agree in writing as a modification of the lease. A written agreement can only be amended in writing. So, a verbal offer to leave early is not enforceable.

The owner may want to consider sweetening the pot with a "cash for keys" offer, if they are so motivated.

Otherwise, any conveyance is subject to the existing tenancy.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 4 months ago
sorry. I was emailing the owner to let him know of your response. Thank you. I appreciate it.

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,833
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified
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Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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