Real estate Q&A: What are our rights after new landlord took over lease?
Published in Home and Consumer News
Q: Our landlord recently sold the house we have been renting. The sale happened in the middle of the month, and now the new owner wants us to pay him for the remainder of the month even though we have already paid the prior landlord for the whole month. And he wants us to pay the water bill, even though we never have in the past. What are our rights? — Aaron
A: When you rent a home, you are, in effect, renting from whoever happens to be the current owner of the property. Your landlord can sell the property, but that does not change the lease terms you agreed to. This means the rent and other terms remain the same, but you will need to pay your rent to the new owner.
Usually, when a landlord sells a property, they get a written statement from the tenant confirming the lease agreement’s terms, that there are no outstanding issues, and that the rent is paid current through the end of the month. The new owner will, in effect, “stand in the shoes” of the prior owner. As the tenant, you will look to the new owner to perform all of the landlord’s obligations under the lease.
This means that you only need to pay rent for the month once, and it was up to the landlord to prorate that amount at the closing.
Review your lease to see who was responsible for the water bill. If it says you are, but the prior owner never made you do it, the new owner likely can.
Of course, if the lease directs the landlord to pay it, the new owner can not unilaterally change this or any other important term of the agreement.
This also means that the new landlord is responsible for returning your security deposit at the end of your residency.
A landlord and tenant relationship is just that — a relationship, and you are starting a new one with the new owner. Speak with him and explain that you are happy to pay your rent, keep the property in good condition, and fulfill your obligations but are not going to take on new expenses you are not required to.
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