QUESTION

Can my landlord back out of her years lease?

Asked on Mar 31st, 2018 on Breach of Contract - Indiana
More details to this question:
My landlord is selling our house. We signed a years lease and only been here 2 months. She came to us and told us that we have a month to find a place because she is having financial problems and has to sell the house. Can she do that to us?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
That depends on what the lease says.  Does it allow termination?  If so, on what basis?  Does it provide for what happens in the case of a sale?   Assuming that the lease does not allow termination due to sale, if this was NY (and I suspect things work the same or similarly in IN but you should check with an Indiana lawyer) I would advise you to, ASAP, record your lease as an encumbrance on title with the county clerk.  It will then turn up on any prospective purchser's title search, and should keep anyone from buying until and unless you reach a deal with regard to your lease or it expires.
Answered on Apr 02nd, 2018 at 2:43 PM

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