rental eviction question

Ok, my nephew, girlfriend and kid rent a place that was recently sold and they were given a 30 day notice to leave. Thus far they're having a tough time finding a suitable place. If they are not gone by the end of the 30 days, can they be immediately forcibly evicted?

geepondy said:

Ok, my nephew, girlfriend and kid rent a place that was recently sold and they were given a 30 day notice to leave. Thus far they're having a tough time finding a suitable place. If they are not gone by the end of the 30 days, can they be immediately forcibly evicted?

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ya should popst the state where this is ocureing maybe city im sure it is different from city to city

I think it's all dependent on the wording of the contract/rental agreement? Other than that, don't cities have rental/landlord standards, rules, or policies?

A forum is probably not the right place to seek any kind of accurate legal information. Your nephew's community probably has legal aid (doesn't sound like he can afford an attorney), and tenant's rights organizations that can assist him with both legal guidance and assistance in relocating.

geepondy said:

Ok, my nephew, girlfriend and kid rent a place that was recently sold and they were given a 30 day notice to leave. Thus far they're having a tough time finding a suitable place. If they are not gone by the end of the 30 days, can they be immediately forcibly evicted?

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Probably not, but all state laws vary. The obvious thing is to talk to a lawyer that does real estate stuff. Most probably wouldn't charge for a quick phone conversation.

A call to the state real estate commission (or whatever the governing group is) would probably get an answer.

Or a professional real estate manager would be able to tell them.

Remember, all internet advice, including mine, is worth what you pay for it.

If they are "Tenants at will" with no formal 6 month or yearly lease then in most states 1 month is all that is required by either party.

Massachusetts is famous for being a tenant's rights state, meaning that their laws tend to protect tenants more than landlords. Worth checking with your local tenant advocacy/legal aid organization.

Good advice so far. Some states do have tenants' rights laws on the books. Also, in many states a lease that hasn't expired yet will survive a sale. Get legal help asap and good luck to all of you.

At the place I used to work we "evicted" some tenants 3 times in a row (meaning, they were evicted but made arrangements to stay a little longer because they couldn't find other housing). That only went so far, and eventually (looooong after the 30 day notice) the Police escorted them out.

Start by reading the lease agreement very carefully, and understanding what "rights" are afforded them.

Then go to your local government housing department web site. I would think you should be able to find a listing of tenant rights, and/or links to resources. If the local office does not have a web site, they should be listed in the phone book, so call.

You might also want to see if you have a local legal aid society that can provide some answers/information at nominal or no charge.

Has your nephew tried negotiating at all with the new owners? Do it sooner than later. A lot depends on the owner and what plans they have for the property. I would think they might be responsive if say, you requested a somewhat definitive extension period, like two weeks later, etc. If you try to extend the date too far down the road though, you might be less likely to be accommodated. If you do get an extension, be sure to get names, and try to get it in writing. If they won't give it to you in writing, write to them, "confirming our conversation today, May 10, 2006, blah, blah, blah..."). Oh, and you want to be sure that the person extending the move-out is actually authorized to do so...

As far as actual eviction is concerned, to the best of my knowledge (in Cali), it takes some time for an actual eviction to go through. It appears that your nephew has been given a 30-day notice to vacate the premises, but to actually "force" them out (sheriffs/police go to the premises and lock them out) generally takes longer. Proper procedures need to be taken and legal papers filed first. But you really don't want to go down that path. Depending on how it all works out, your nephew's credit could end up adversely affected (if a judgment is recorded against him).

Important: Keep in the mind that the foregoing is my opinion only, based on limited knowledge and real estate experience, and worth every cent you're paying for it. Your nephew really needs to consult with a local attorney and/or related "experts."

Where I live we were allowed to record our lease with the City. (~$100) When our house sold the new owners were bound by the old lease. Now our new landlords will have to wait until our lease expires to get their first chance to hose us. They can stick it.