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Old 06-06-2012, 07:27 PM
 
3 posts, read 6,332 times
Reputation: 10

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Posted this is the wrong forum originally so sorry for the re post.
I have searched like crazy for the answer but all I find online is questions regarding tenants breaking leases. My situation is I am renting a room in a house with the person that owns it. He made me sign a 12 month lease which is fine but I found out after getting a little suspicious and doing some searching that he is planning on moving so he is trying to rent the house out. I asked him about it and he apologized and said he got a job offer someplace else and will need to move once the house is rented. He said I can break my lease and move out if I want to or I can stay until it is rented. My question is, doesn't the 12 month lease protect me, the renter as well or is he able to just break it because all of a sudden he wants to rent the whole house out and move? I am not the type to really be a jerk but at the same time it seems like signing a lease should give me some protection from being asked to move out based on nothing I did wrong. If it was reversed I would have to pay him for moving out early.

The lease I signed was very basic, basically said if I moved out prior to 12 months I would have to pay rent until the room was rented again and pay any cost associated with finding a new renter.

Thanks in advance
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Old 06-06-2012, 08:03 PM
 
28,115 posts, read 63,775,600 times
Reputation: 23268
My experience is the lease follows the property provided you are in compliance of the terms are not in violation of the law.

The reality is you may find yourself in a peculiar situation where everything around it changing... like when a home that is rented is foreclosed... who will make repairs, keep promised services, etc.

Generally... tenants are offered consideration for early termination.

Could be anything from a full security deposit return, assistance with moving, etc.

Have you thought about how the change will impact your living arrangement on a day to day basis?

Just having strangers in and out viewing the property, appraisers, inspections and all that goes along with a sale is reason enough for some to move.

Often... tenants write saying they want out when they learn the property is for sale and the landlord will not let them out...
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Old 06-06-2012, 10:44 PM
 
Location: Mostly in my head
19,855 posts, read 65,908,801 times
Reputation: 19380
He is going to have trouble selling the house with a tenant of one room. Does your lease specify shared areas, like kitchen use? Better just to ask for the good-bye money.
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Old 06-06-2012, 10:53 PM
 
Location: Southern California
3,113 posts, read 8,389,798 times
Reputation: 3721
If you stay, think about how difficult it will be for him to try to rent out the rest of the house with you in one room...

What if he rented the bedrooms to three random strangers, and just expected you all to share the common areas?

What if he rented the rest of the house to one family, with two small children and three barking dogs?

What if he couldn't rent the rest house at all and gave up, and let it go to foreclosure?

You have a lease, and you could fight to stay - but if the owner is moving out things are going to change, whether you like it or not.

Are you sure you really want to stay?
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Old 06-06-2012, 11:02 PM
 
3 posts, read 6,332 times
Reputation: 10
He is actually trying to rent the whole house out, not sell it. He lives here but needs to move. And my lease gives me access to the whole house. Thank you
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Old 06-06-2012, 11:16 PM
 
Location: The Ranch in Olam Haba
23,707 posts, read 30,812,773 times
Reputation: 9985
Google Tenant rights and the name of your city. It should come up with the agency that takes care of rentals. Legally you don't have to move. Just pay your rent on time and get a receipt. He can't evict you. But he has given you verbal notice that the lease will not be re-newed. Thus be prepared to move out the day it expires. Realistically he may make your life a living hell. So are you ready to drag him into court in order to stay there until the end of your lease? If not, then take the notice and move.
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Old 06-07-2012, 04:39 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,802,784 times
Reputation: 26728
Just to answer the original question yes, your lease does indeed protect you and he can't arbitrarily break it any more than you can. If he does rent the house out then your lease survives whatever arrangements he makes with someone else and his flip, "you can stay here until I rent it" stance isn't legally sustainable. If he wants to buy you out of your lease he'll have to make you an acceptable financial offer.
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Old 06-07-2012, 09:26 AM
 
Location: North
858 posts, read 1,811,960 times
Reputation: 1102
Quote:
Originally Posted by STT Resident View Post
Just to answer the original question yes, your lease does indeed protect you and he can't arbitrarily break it any more than you can. If he does rent the house out then your lease survives whatever arrangements he makes with someone else and his flip, "you can stay here until I rent it" stance isn't legally sustainable. If he wants to buy you out of your lease he'll have to make you an acceptable financial offer.
That's it. Your lease protects you, so if he wants you to leave, he'll have to compensate you for the inconvenience. He's the one breaking the lease. Not to mention he acted in bad faith by signing a lease with you without disclosing he was leaving and not being clear with you since the beginning.
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