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  • Writer's pictureJeff Hutchins

Landlords & Tenants Part 2

What are you rights when your landlord sells the property to someone else? 




Do not use this blog as a substitute for legal advice. Every situation is different. This is for educational purposes and to be used at your own risk. If you have further questions or if the situation is complex, please call the office for a consultation at 3363100780.

 

Can your landlord sell the house/apartment you are living in?  Yes, they can.  Can the new owner kick you out?  That answer is more complicated. 

First, make sure to have a lease every time you rent a property.  Second, keep a copy of the lease and READ it.

Sure, paperwork is annoying, but in most cases, paperwork holds everyone responsible for what needs to be done.  It is a contract to make sure everyone understands what is going on.  You may have signed it and not read it.  There is a chance your landlord has not read it.  Sometimes the language is hard to understand.   

Sidenote: Even spell check likes to deny the words “lessee and lessor” as real words.  They are! More questions about a contract? – call Hutchins Law!  We know all the words even the ones the interweb gets wrong. 

Typically, renters sign a year lease.  Regardless of how long the lease is for, if you are within those fixed dates, the new owner cannot kick you out. UNLESS, during that fixed amount of time you breach the lease. 

The dates of the lease term are typically at the top of the first page, easy to find.  However, some leases have a statement that the lease is terminated if the property is sold.  In the past that has been less common to put in the lease, but due to recent volatile real estate markets, it is becoming more common. 

If you are outside of your fixed lease time and are now month-to-month, the new landlord can kick you out or raise your rent (….a lot).  They must abide by your lease on how much notice they give you before raising your rent or kicking you out. 

Sidenote: If you are month-to-month on your lease, your current landlord can kick you out or raise your rent with the same amount of notice. 

So, stay safe out there and read your lease! 

For further information:

North Carolina General Statute Chapter 42 https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter42

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