Start your membership account today...  Access to credit reports, 100's of rental specific forms, agreements, letters, checklists, how-to articles, guides, expert advice and much more!  Even a FREE, 3-day trial!

Not a Member?
Get a Free Trial Membership

  Get FREE Stuff! Run Credit Report Rental Forms  Shop & Buy Forms!  Advertise Your Rental Customer Care

Welcome to Landlord.com's Discussion Forum
Register New Posts
 
 
 


Reply
 
Author Comment
 
vividus701

Registered: 03/29/10
Posts: 2
Reply with quote  #1 
COLORADO. I'm a landlord selling my rental home. We have a scheduled closing and the tentant is purposely and without a stated reason, stopping the sale. The contract for sale is of course subject to the current lease which expires 30 days after our closing, and the buyer is aware of the lease and its expiration. Thay have agreed to work with the tenants, but the tenants are saying I don't have the right to sell until they move out. Our lease makes no provisions for me selling, but again, the tenants are being told they can stay for the remaining term of their lease. The tenant filed an intent to lien based on "non-performance" by the landlord (me) for selling the property during their lease, and now the title company won't close the deal. The tenants also will not let us in to do any buyer inspections, appraiser stuff, etc - with even a whole week of notice.

The real problem is that if this deal falls apart, I will loose the house in foreclosure. As it is, this is a short sale. Any ideas on my rights? Can I sue the tenant in small claims court for preventing the sale and sending me into foreclosure? For the record, the house was listed for sale when these tenants took possesion in the first place, and they knew it was a short sale heading for foreclosure. Thanks in advance.  
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #2 
The tenants have no right to stop the sale, nor to prevent entry into the premises with proper notice.  Any property, even that with tenants, can be sold.  The lease simply transfers to the new owner.  As long as the new owner knows about the lease and is given a copy of it, this is not a problem and is perfectly legal.  You need to get an attorney ASAP.  File an injunction against the tenants to force them to allow entry for inspections.  If they still refuse, terminate their lease now for their non-performance.  If this tenant stops a sale of the property for this non-sense of "non-performance", you will have a suit against him.  Your attorney needs to make this very plain to them.
Previous Topic | Next Topic
Print
Reply

Quick Navigation:

Apartment Finders > > Member Log-in > Free Trial Offer > Free E-newsletter > Customer Service > Get Free Stuff! > Run Credit Report > Rental Forms > Vacancy Center > Do-it-yourself > Evicting Your Tenant > Foreclosure Resources > Landlord Discussion Board > Income Tax Resources > Information Center > Join Landlord.com > Landlord Law > Library > Multi-family > Professional Advice > Rental & Property Mgmt > Rent Collection > Repair & Maintenance > Security Deposit > Software Center > Tenant Screening > Vacation Homes > What's New > Rental Agreements > Free Leases > Inside Our E-store > > Security Deposits > > Landlord Daily News > Rental Agreements >
LandscapingSanJose.net Resources: Cleaner Sunshine coast

 
Powered by Website Toolbox - Create a Website Forum Hosting, Guestbook Hosting, or Website Chat Room for your website.