Tenant in need of advice - owner selling

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06 Apr 2009 12:00 AM by scottmcgovern Star rating. 3 posts Send private message

Hello

I am 2 months into an 11 month temporary contract and very happy in our apartment. The owner has told me that he wants to sell the property although I can continue to stay here at the moment. I am a little upset as I expected to have this home for 11 months. I know it is only a temporary contract but I wondered what rights I may have. I also know that the probability is that the property will not sell before my contract is up but I'd still like to know where I stand.

My contract has no clauses in it regarding the sale of the property. It says that if I move out before the 11 months I will lose my deposit but what happens when it is the other way round and I am being asked to leave as it has been sold? I would like advice on the following:

  • Am I legally entitled to stay in the property until the end date on my contract even if it is sold?
  • If a new owner allows me to stay can he change the terms of the current agreement and price?
  • What sort of notice should the owner give me? My contract states that if I violate any terms or do not pay the rent then I would be required to vacate immediately however there is no clause regarding the landlord giving me notice to vacate. Also I am worried that a sale could complete quickly and the new owner want me out straight away.
  • Would I be entitled to any compensation for the hassle of moving/finding a new place/getting deposit together again etc etc
  • Can I legally end my contract now and get my deposit back? I would of course give a months notice and ensure payments are up to date etc.

Ideally I would like to stay until the 11 months are up however I'm not keen in having to organise the apartment for viewings etc. I work all day (except this week I have a holiday! ) and really I would not like anyone to go in without me being there but most viewings will obviously  take place during the day. I do not wish to be difficult to my owner but believe that whilst I pay rent this is in theory "my home". Therefore any advice anyone could give me would be of great help. If I can legally stay there until the end then great but if not I am tempted to move out sooner but obviously do not want to lose my deposit.

Thanks in advance

Scott





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06 Apr 2009 6:26 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar

Maybe Maria can answer this, since she is a lawyer and knows exactly where you stand legally, but as far as I know, if you have a legal contract and uphold your side of the deal, you are entitled to stay for the full term. If the property is sold during that term, the new owner will have to honour the contract. And nobody is entitled to enter the property without your prior consent, not even the landlord. At least, that's my take on it.



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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07 Apr 2009 9:31 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Hi!

I am leaving London in a minute, but still have some time for some answers. PLease find them below in green:

 

 

Am I legally entitled to stay in the property until the end date on my contract even if it is sold?  You are.

  • If a new owner allows me to stay can he change the terms of the current agreement and price? No, he cannot. 
  • What sort of notice should the owner give me? My contract states that if I violate any terms or do not pay the rent then I would be required to vacate immediately however there is no clause regarding the landlord giving me notice to vacate. He cannot vacate you till the full contract period is over. Also I am worried that a sale could complete quickly and the new owner want me out straight away.
  • Would I be entitled to any compensation for the hassle of moving/finding a new place/getting deposit together again etc etc
  • Can I legally end my contract now and get my deposit back? I would of course give a months notice and ensure payments are up to date etc.


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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29 Apr 2009 1:34 PM by scottmcgovern Star rating. 3 posts Send private message

thanks for all the advice





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29 Apr 2009 2:22 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

A pleasure!

Maria 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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