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Thread: Landlord and tenant relationship

  1. #31
    Premium Member DesertRose's Avatar
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    Re: Landlord and tenant relationship

    Quote Originally Posted by John;2356056;
    My lease is a 1-year lease, and sale of the property shouldn't mean a new lease, right? I mean, if I wanted, I could stay here through September, refusing to sign any new lease with different terms, as I have a legal contract to do so.
    That's what I understand too. When we bought the house, the tenant's lease did not change until they were due.
    As I mentionned in my earlier post, it is possible that the new landlord did not ask about your lease and is not aware that the land is her responsibility. It might simply be miscommunication between the ex- and new landlords.

  2. #32
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    Re: Landlord and tenant relationship

    Quote Originally Posted by John;2355258;
    SV, it's a house, but it's split into 2 apartments - I have the first floor and half the basement, and the upstairs tenant has her floor and half the basement. Completely split.

    I've thought about getting one of those manual pushmowers, but then I'd have to lug it to the basement every week because I don't have any outdoor storage.

    And like I said, when I moved in, the owner had the lawn taken care of. Since he sold it, it shouldn't suddenly become my responsibility. Should it?
    Hmmm so half a house... Maybe you should mow half the yard?
    Seriously, when we've rented a house it came with some kind lawnmower and we mowed. Also shoveled snow, when it was a cold climate and watered grass when it was a dry one. It seems a bit much that the owner would expect you to buy a mower or snow shovel. Seems like something you should talk to the new owner about though, rather than just doing the silent treatment.
    Renting an apt. is a totally differerent deal, I agree.
    One time we lived in a house that had been divided by floor into 3 dif. apartments and we lived on top. The first floor had most use of the grounds (we never used the yard) and I think they took care of it, but I admit I'm not sure.

  3. #33
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    Re: Landlord and tenant relationship

    John- something from your very own Chicago Tribune:
    RENTAL Q&A
    Lease remains in effect despite sale of building

    By Robert A. Boron
    Special to the Tribune
    Published June 8, 2003

    Q. I rented an apartment that turned out to be too small. My lease runs through Dec. 31. However, the landlord recently brought seven people through the entire building, including my apartment, to make an inspection. Apparently, the building is being sold.

    I would like to get out of my lease and wonder if with new owners, I have the chance to discontinue this lease so that I can move to the new apartment and not affect my good credit.

    A. There is the possibility that you will be able to be released from your lease obligation if the building is, in fact, being sold. With the number of people involved in the inspection group, there is a good chance that your suspicions are correct. Usually, if solely a refinancing or building repairs were involved, a smaller group would be making the inspection.

    But whether you will be able to terminate the lease early is completely up to the new owners. You cannot break the lease simply because the building is being sold, any more than the new owner could terminate your lease by buying the building.
    The lease would generally be assigned to the new owner in the course of the real estate closing. The new owners would probably let you out of the lease only if they have other plans for the building, or if they believe the rents are too low. Your willingness to release the apartment, thus allowing them to raise the rents immediately for that apartment, might be advantageous to them.

    If they plan to convert the building to condominiums, or plan to rehabilitate the building substantially, it would also be to their advantage to release you from the lease: It would make your apartment available much sooner, and with little effort or expense on their part.

    However, whether or not they would be willing to release you is also a function of timing. If they are not ready to proceed with the rehabilitation immediately, or if they are not prepared to begin the condo conversion, they might be unwilling to release you immediately.

    Your first step should be to talk to your current landlord, and ask whether the building is being sold. If so, then either he can speak to the prospective owners about your desire to leave, or he might refer you to the new owners directly. If he is unwilling to provide you with that information, you might have to wait until the sale actually occurs to find out whom you must deal with to obtain your early release.

    Chicago Tribune news | Registration

  4. #34
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    Re: Landlord and tenant relationship

    I live in an older building and my landlord raises my rent $25 a year yet no improvements are done to the building. It costs a fortune to heat in the winter and is hot as hell in the summer. My rent is still below the average around here so I am careful what I complain about. My bathroom is in need of a new sink. The pipes are old and will burst soomeday causing him major expense instead of doing something now.
    We've never really had a friendly relationship. I give him a check on the first of every month and dont say much.
    I hate the fact that he holds on to my rent check for over a week before cashing it. One time it bounces and I got stuck with the overdraft fee.

    What are my responsibilities besides basic cleanliness. Ive lived here almost 20 years yet I feel he wants me to leave so he can turn it into a condo
    Last edited by Boston_Bill; 04-28-2007 at 08:15 PM.

  5. #35
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    Re: Landlord and tenant relationship

    Every place my parents rented if they took care of the lawn it was money off the rent. That was both a single house as well as duplexes. I know the last two places my mother lived it's been the landlord's job.

    Check out your rental agreement. We have a friend that the place where she was renting did just sell. We all thought it didn't matter since she signed an rental/lease (don't know which) agreement that isn't up for 9 months, but in her agreement was the clause that it was good for such and such a time or if the place sold. That little phrase makes all the difference.

  6. #36
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    Re: Landlord and tenant relationship

    Quote Originally Posted by Boston_Bill;2356336;
    I live in an older building and my landlord raises my rent $25 a year yet no improvements are done to the building. It costs a fortune to heat in the winter and is hot as hell in the summer. My rent is still below the average around here so I am careful what I complain about. My bathroom is in need of a new sink. The pipes are old and will burst soomeday causing him major expense instead of doing something now.
    We've never really had a friendly relationship. I give him a check on the first of every month and dont say much.
    I hate the fact that he holds on to my rent check for over a week before cashing it. One time it bounces and I got stuck with the overdraft fee.

    What are my responsibilities besides basic cleanliness. Ive lived here almost 20 years yet I feel he wants me to leave so he can turn it into a condo
    Is the landlord aware that the pipes are shot in your bathroom? I would bring it to his attention.

    We also raise the rent about $25 each year. We can only raise it once a year, or if a new tenant moves in when an old one moves out. The increase never matches the increases to the taxes we pay on these properties or other costs, such as trash fees, etc.

    As far as the current lease goes, should new owners take over the building, the old lease remains in effect until the original expiration, in John's case it would be in September. The new owner couldn't increase the rent until then. Or at least that is how it was explained to us when we bought the properties.
    Last edited by MamaC; 04-28-2007 at 11:54 PM. Reason: ETA

  7. #37
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    Re: Landlord and tenant relationship

    Quote Originally Posted by MamaC;2356582;
    Is the landlord aware that the pipes are shot in your bathroom? I would bring it to his attention.

    We also raise the rent about $25 each year. We can only raise it once a year, or if a new tenant moves in when an old one moves out. The increase never matches the increases to the taxes we pay on these properties or other costs, such as trash fees, etc.
    Yes he is aware of the pipes. I understand he has costs too ( he pays the water bill). He was nice enough to let me get satellite TV. I know it could be alot more costly for me if I lived closer to work in the city.

  8. #38
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    Re: Landlord and tenant relationship

    Bill, he's actually required by law to allow you have satellite. It was a supreme court decision brought by DirecTV. They can choose where the dish goes, and they can even provide one dish serving all units if they choose, but they cannot legally prevent you from getting satellite TV if you wish.

    As for the pipes, you may want to document your personal belongings in the area, with pictures, etc. in case they DO burst and you have items damaged. You could recover those costs from the landlord if you've notified him of impending issues and he refuses to do anything about it.

  9. #39
    FORT Fanatic Boston_Bill's Avatar
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    Re: Landlord and tenant relationship

    Quote Originally Posted by John;2357374;
    Bill, he's actually required by law to allow you have satellite. It was a supreme court decision brought by DirecTV. They can choose where the dish goes, and they can even provide one dish serving all units if they choose, but they cannot legally prevent you from getting satellite TV if you wish.

    As for the pipes, you may want to document your personal belongings in the area, with pictures, etc. in case they DO burst and you have items damaged. You could recover those costs from the landlord if you've notified him of impending issues and he refuses to do anything about it.
    I didnt know about the court ruling, when I ordered DirecTV they made sure that I had my landlords permission in case they needed to drill holes in the walls.
    As far as the pipes go, he told me it would cost a fortune to get them re-done.
    On a seperate note, he did not reimburse me when I painted my kitchen last summer.

  10. #40
    MRD
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    Re: Landlord and tenant relationship

    Quote Originally Posted by John;2356056;
    My lease is a 1-year lease, and sale of the property shouldn't mean a new lease, right? I mean, if I wanted, I could stay here through September, refusing to sign any new lease with different terms, as I have a legal contract to do so.

    I mail in my check, so I've included a little note in the memo to please arrange for lawn care - hopefully that will be enough. I'm just annoyed at the lack of current maintenance.
    I think it depends on the laws of your state, but your contract (lease) supersedes the sale of the unit. The new owner must abide by the terms of the lease you signed until your lease is up in Sept. Then new terms can be negotiated and usually are.
    Most new owners understand this or should. It should have been spelled out for him/her in the sales contract and then again at the sales closing.

    Your current lease should be the lease in effect, no matter who the owner is.
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