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I have lived here in Utah for 4 yrs in my place we signed a 1 yr lease at first but since it ran out we cont to pay monthly with no problems. About a month ago our LL told me he was going to sell the place maybe but not to worry because only investors would buy it and no impact to us. He even sent me a new lease and told me to put in however many months i wanted it for. I filled in 2 yrs and mailed it back well he returned my copy no big deal i showed the place and now we have a buyer!! He tells me in writing I have it sorry but these buyers want possision on the 1st I said but you sent me the lease he said yeah sorry if you look I didnt sign it cuz i had the property listed already!!! i was blown away. My problem is he sent a little note saying he asked the buyers to take poss in 60 days they said no so i have 30 days to move out and sorry!! What can i do i will move but i need more time i cannot come up with the money to move that fast! do i have any leg to stand on? PLEASE HELP
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You should confer with a good real estate lawyer in your area to learn what protections you might have under the laws of your state. It may be that if you inform the seller that you simply need more time, and offer to pay the ordinary rental amount for such time as is required to find alternate accommodations, he would be willing to work with the buyer to give you some slack. If that doesn't work, I think your state's laws will require that the owner/seller give you some kind of notice to vacate before filing an action to evict. That alone may provide enough time to find another place. If not, then the owner/seller will have to file an action in court to get a court order for you to move. The court will have to get the matter on the calendar and that will take time. You may be able to move before it comes to a trial -- and the matter would then be moot. If things move rapidly (which they probably will not), and the matter comes to a hearing and there is a judge's order for you to move, it will take still more time for the Sheriff to move you out --- but above all, you don't want to wait that long.
I don't mean to treat a court hearing lightly either. You should attend any court hearing that is set. My guess is that a court will not impose costs (beyond reasonable rental) on you for holding over if you communicate to the court the same story you told me above. I will end where I started. Confer with a good real estate lawyer. To learn the specifics of your state's laws on this subject will well justify a modest conference fee.
Answered on Jun 12th, 2012 at 7:32 PM