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Rental Contract Question

1,837 Views | 11 Replies | Last: 6 yr ago by FC12
FC12
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Home is located in Texas. Our lease for the home we are renting ends on Nov. 30th, 2017. We were notified by phone today that the owner intends to sell the home in September. Looking over our contract, I'm not finding anything that states we can be forced out prior to our lease ending on Nov. 30th, 2017 by way of selling the home. In section 4 it does state they are required to notify us within 90 days of the lease terminating that they will not be renewing the lease. However, this section, in my belief does not state that can end the lease early.

In fact, section 28 does not list "selling" the home as a reason to terminate the lease. As I understand it, they can sell the home but we are allowed to stay in it for the length of our contract. Am I reading this correctly?


Section 4: AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party written notice of termination as provided in Paragraph 4A. Oral notice of termination is not sufficient under any circumstances.
4A:This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party written notice of termination not less than: 90 days before the Expiration Date.


Section 28:"EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27(default), by agreement of the parties, applicable law, or this Paragraph 28. Tenant is not entitled to early termination due to voluntary or involuntary job or school transfer, changes in marital status, loss of employment, loss of co-tenants, changes in health, purchase of property, or death."
FourAggies
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AG
This happened to my daughter recently, except it was the landlord's son moving to town. They didn't want to fight it. They negotiated that they could individually leave any time they wanted and when they left the remaining tenants' rent was reduced proportionally and they would be out by the date requested.
CS78
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Your lease is good until the end date or until you agree to move out early. Sale of the property does not change anything.
plowboy1065
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S
As stated above, the listing when posted on the market should say that there is a current tenant who's lease is up on X date or something to that affect
Aggie09Derek
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AG
I'm sure you could negotiate with them to end it early and maybe get a months free rent and/or them pay your moving cost.
FC12
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Aggie09Derek said:

I'm sure you could negotiate with them to end it early and maybe get a months free rent and/or them pay your moving cost.
This is what I'm thinking!
dubi
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AG
Aggie09Derek said:

I'm sure you could negotiate with them to end it early and maybe get a months free rent and/or them pay your moving cost.

Seriously if you have move anyway, then do it early and have them pay for movers!

Take advantage of this.
schwack schwack
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AG
Almost every rental property we have purchased had tenants in them & we had to abide by the (often very crappy) leases that they had with the previous owners. We gave each one the proper termination notice per the terms of their lease.
tford12
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AG
negotiate cash for keys!
FC12
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schwack schwack said:

Almost every rental property we have purchased had tenants in them & we had to abide by the (often very crappy) leases that they had with the previous owners. We gave each one the proper termination notice per the terms of their lease.


I would be surprised if an investor bought the home
we're in. 3k sq. ft. 4/3/office & game room in Frisco ISD. But who knows. Assuming a family would be the people purchasing the home, I'm going to use that too our advantage to negeotiate cash for keys.
gig em 02
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FC12 said:

schwack schwack said:

Almost every rental property we have purchased had tenants in them & we had to abide by the (often very crappy) leases that they had with the previous owners. We gave each one the proper termination notice per the terms of their lease.


I would be surprised if an investor bought the home
we're in. 3k sq. ft. 4/3/office & game room in Frisco ISD. But who knows. Assuming a family would be the people purchasing the home, I'm going to use that too our advantage to negeotiate cash for keys.


Investors are buying property all over Collin county, a lot of them from out of state. An already leased property with those specs is an appreciation investors dream right now.
histag10
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AG
Do they already have a buyer, or are they planning to list the home for sale in September?

Why not buy it yourself?
FC12
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histag10 said:

Do they already have a buyer, or are they planning to list the home for sale in September?

Why not buy it yourself?


They don't have a buyer lined up yet. They did offer it to us first though.
It's just not worth the money that these houses go for here in Frisco in my opinion. Not keen on dropping a large sum of money in a down payment on it. Also, I'm expecting to move somewhere across the US in 1-2 years so buying is not a priority at the moment.
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