Stories

What makes a lease voidable?

What makes a lease voidable?

A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.

Can a sale of a property end a lease?

Special Lease: Some leases could contain provisions that state that a sale of the property by the landlord would automatically end the lease. If the lease contains this provision and a sale of the property does occur, the tenant would have to move out or sign a new lease with the new owner.

What happens if new owner does not know about lease?

The landlord has an obligation to follow both the length and terms of the existing lease. Even if the new owner was not informed of existing leases, most state laws presume that the new owner should have inquired about leases or otherwise discovered them. What If the New Owner Did Not Know about the Lease?

Can a landlord not follow the terms of an existing lease?

The landlord has an obligation to follow both the length and terms of the existing lease. Even if the new owner was not informed of existing leases, most state laws presume that the new owner should have inquired about leases or otherwise discovered them. Find My Lawyer Now! What If the New Owner Did Not Know about the Lease?

Can a landlord sell a property during a lease?

Different types of leases also factor in on the tenants rights: Fixed-Lease Period: If the lease specifies the time period for the property lease, the tenant has the right to stay in the rental property for the specified time and/or until the end of the lease regardless of whether the landlord sells the property.

How does a lease supersede city or state law?

The Lease does not supersede and local, state, or federal laws. This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is confidential. If you are not the intended recipient, you are hereby… A lease cannot contradict applicable city or state law.

Special Lease: Some leases could contain provisions that state that a sale of the property by the landlord would automatically end the lease. If the lease contains this provision and a sale of the property does occur, the tenant would have to move out or sign a new lease with the new owner.

Can a new owner end a tenant’s lease?

If the new owner buys the property and the lease between the tenant and the landlord did not automatically end the tenants lease upon a sale, the new owner must legally step into the shoes of the previous landlord and assume the rights and responsibilities of the previous landlord.

What happens to a lease when the owner of the property changes?

These laws supersede anything written in a lease. When a lease transfers through an ownership change in a city or state with such restrictions, the new landlord, just like the previous landlord, must adhere to the strictest of applicable regulations. Before May 2009, when a property changed ownership through a foreclosure, this wiped out the lease.

Share via: