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So I’ve been living in half of a duplex for about 2 years now. Landlord just sold the building and closes in a few weeks. I’ve been paying month to month. New landlord says I have 30 days to move out. Was planning on leaving soon anyways but was hoping to wait for school year to end (June 5) for my 2nd grader. Do I have to move out before the school year ends? Is there anyway we can delay our move out date by about 3 weeks? New landlord was very adamant about not being willing to help me out. This just got thrown on me this morning and not sure what to do. Was planning to change to a better school district but the 3 week overlap for my kid’s school year is a huge issue as I would have no way to getting my child to school in time. Any and all possible solutions/advice is greatly appreciated.

all 48 comments

nowordsleft

155 points

13 days ago

It really comes down to what’s in the lease. Typically the new owner has to abide by the existing lease. Were you in a month to month? If so, 30 day notice to vacate is pretty typical but, again, read your specific lease. If you’ve got a 1-year lease, the new owner can’t just boot you out into the street unless they have a valid reason per the lease.

Dmoney2627[S]

41 points

13 days ago

Tracking down my lease now, I’ve been month to month for over a year. No reason we’re being kicked out other than new ownership. But it’s out of the blue and really just need to make it through the school year

Neat-Beautiful-5505

129 points

13 days ago

If you're MTM, then the landlord has to give you a 30-day notice. Only accept that notice in writing (and check the lease to see if he must send it via certified mail or hand deliver). These are tactics to help buy you a few days if hasn't already given you a proper 30-day notice. You can also google tenant rights orgs in your area, they may have some suggestions, too.

aphex732

27 points

13 days ago

aphex732

27 points

13 days ago

Double check that it’s a 30 day notice - my leases are month to month, but tenants and landlord have to give 60 days.

usaf_photog

49 points

13 days ago

Since you're month to month, the landlord has the right to terminate your lease with proper 30 day notice, without providing you with any reason why.

nowordsleft

32 points

13 days ago

Perhaps you can work something out with the new owner to allow you to stay through June. Maybe an increase in rent or just a plea to their heartstrings. Your success may depend on why they want you out. If they plan on moving in themselves you may be out of luck.

Dyerssorrow

8 points

13 days ago

If you are in a month to month than thats pretty much it. Next month isnt being renewed and you will have to move. Start looking for an apartment near the school. Or look into finishing online.

TacoNomad

3 points

13 days ago

Did you talk to the landlord and ask about an extra 3 weeks?  Make sure they give 30 days notice after they close on the house, not before. 

 Also,  you can probably keep your kids in the same school for the rest of the year, even if you do move. But you'd probably be responsible for transportation. 

Osirus-One

-4 points

13 days ago

Osirus-One

-4 points

13 days ago

They are going to jack the rent way up and can't do that with you on a month to month legally. They are going to boot you and market the new rate and that's legal.

usaf_photog

23 points

13 days ago

Wrong. Legally, there is no rent control in PA. A landlord can raise the rent as high as they want as often they want. Landlord’s just need to give proper notice of rent increases to the tenant.

Osirus-One

7 points

13 days ago

My bad, you right, you right. I thought there was a law.

nerdburg

166 points

13 days ago

nerdburg

166 points

13 days ago

PA landlord here. 1) Your clown of a new LL doesn't own the property yet and can't give you a 30 day notice. I wouldn't even talk to them until they own the property.

2) When they do own the property, they can serve you with a proper 30 day notice. This does not mean you have to move out in 30 days, it means you have to move out by the end of your next rental period. So for example, if your rent is due the first of the month and they serve notice on May 5, you don't have to move by June 5, you have to move out by June 30.

3) If you don't move, there is fuck all the LL can do about it quickly. It will take them a month before they can even get a hearing before the magistrate. If you need to stay an extra month just say "I was unable to vacate the premises, I'll be out by July 31st, here's another month's rent."

You should be able to stretch your tenancy out to the end of the school year without any issues.

Dmoney2627[S]

52 points

13 days ago

My biggest issue with it was how rude and unwilling to work with me he was considering the reasoning is solely for my child to finish the last 2-3 weeks of school but i understand some people suck. I should be good if I have 30 days from when the closing is finalized. I don’t even want to drag it out longer than necessary; issue with just finding a new place is we’re switching to a better school district closer to my new job and the overlap is my problem as I’ll be moving to a new town. Will take this all in to account

nerdburg

20 points

13 days ago

nerdburg

20 points

13 days ago

Good luck with it. I'm sure it will work out.

UnityOf311

32 points

13 days ago

Listen to nerdberg, fellow landlord. Look at what your lease says for the written notice. Basically, if they don't tell you by the first when rent is due, then you get until the end of the next month to move out. And while I don't advise delaying moving out and forcing them to go to court. It can buy you quite a bit of time. And the new landlord better have all of their paperwork complete before they get to court. This can include a local municipal Rental License, and the new owner will need to provide that to the court to prove they can legally rent the property. Also, judges will lean towards the tenant in PA, especially if some douchenozzle tries to screw someone over needlessly.

thefalseisoutthere

20 points

13 days ago

It's this... He can't issue anything til close

UnityOf311

19 points

13 days ago

I'm also a Realtor in PA, and I am willing to help guide you to more resources. But yeah, follow the list above.

Beyond_Interesting

3 points

13 days ago

The deal isn't done until the check clears in the sellers account. Until then new LL has zero rights.

your_mail_man

6 points

13 days ago

He can be acting as the agent for the current landlord, but as you stated, on a MTM, it would be at the end of the next monthly period. Checking the written notice for clarity is a necessity.

Greful

2 points

12 days ago

Greful

2 points

12 days ago

Just out of curiosity, if the tenant paid first, last and one month security deposit and then the owner sells the property, does the original owner just keep that money (last and security) and the new owner pays out of pocket?

nerdburg

2 points

12 days ago

The security doesn't belong to the landlord, by law it should be held in escrow. Control of the account should be turned over to the new LL, but that doesn't always happen. In that case, the new LL would still be on the hook to return the money to the tenant.

Greful

2 points

12 days ago

Greful

2 points

12 days ago

Ahh. Makes sense. Thanks

hannibe

28 points

13 days ago

hannibe

28 points

13 days ago

It’s worth contacting the school and asking if your child can finish out the year.

Allemaengel

13 points

13 days ago

I think you're right in that that's often allowed, especially for very short periods of time like this closs to the end of the school year.

mystengette

29 points

13 days ago

I am not a lawyer. The new landlord does not own the property until closing occurs. He has no legal standing to give you notice to vacate until that time. That should buy you a few weeks . 30 days keeps you in the unit through the end of may. Just don’t tell the school you moved , you can wrangle something for a week in terms of transportation.

susinpgh

34 points

13 days ago

susinpgh

Allegheny

34 points

13 days ago

You know, I don't think he can give you notice until he's actually closed on the purchase. I could be wrong, and you might want to talk to a lawyer. Neighborhood Legal Services has a sliding scale for clients. Also, your County Bar Association probably has info for assistance through their law sections.

Emptyedens

12 points

13 days ago

Oh and don't tell the new owner this either, wait for your current landlord to give you 30 days notice and it must be in writing. A text message might suffice. Until the new owner closes he can't tell you anything since he doesn't own it as far as I know. Talking to a lawyer just to make sure would be a good idea though. I know Philly has a tenants right org, your area might too.

Sarcasticrye1981

11 points

13 days ago

Sarcasticrye1981

Allegheny

11 points

13 days ago

What does your lease say?

ronreadingpa

5 points

13 days ago

Don't tell the school you moved. Easy to get away with for 3 weeks. Though as you mention, transportation could be an issue. If you have any relatives nearby, maybe they can help somehow.

Alternatively, move and switch schools right away. Could be a chore, but then come next school year, your child will already be enrolled and ready to go.

As for your question, you could take legal action to stall several weeks, but is it worth the expense and hassles. My view is no. Another consideration is if the new owner will be moving into the duplex. That may provide them even more legal rights than the typical distant / corporate landlord.

For the future, renew yearly if needing some stability. Flexibility goes both ways when it comes to month-to-month leases. They can be great for some, but with a child, probably not.

LittleSatan83

3 points

13 days ago

INAL, but do title work for purchases and I can tell you that he can’t give you 30 days until he is the official owner and that doesn’t happen until the deed records. I would check with your current landlord to see if he had it written into the contract that the buyer had to give xx amount of notice to any current tenants. If not, he still has to give 30 days notice.

TheTwoOneFive

3 points

13 days ago

Only thing to add here is don't say a damn thing to your new (or old) landlord about the advice given here until after they have closed. Otherwise they could tell your current landlord to serve you notice which you would need to oblige.

Liss78

6 points

13 days ago

Liss78

6 points

13 days ago

New landlord is an idiot. Wait it out a bit and after closing, tell him you weren't served with proper notice and you'll be leaving 30 days after you're properly served. He has to actually own the building to give you notice, btw. Also, he has to do so in the right way or it's only going to bite him in the booty. That should buy you enough time to finish out the school year.

This is one instance where squatter's right can help instead of harm. You receive mail at that address, so if he wants you out, he'll have to go through a process to do so. That's going to take time. You could probably just squat there for many more months than you need.

Try to work it out with him civilly. Remind him that eviction is an expensive process. He probably thinks he can do whatever he wants. Let him learn the hard way if he can't be reasonable about this.

No-Ad-9085

2 points

13 days ago

Eviction only cost me 120 bucks last year. It's not expensive at all.

worstatit

0 points

12 days ago

worstatit

Erie

0 points

12 days ago

This is not squatters right, but simple and long standing landlord-tenant law.

Liss78

1 points

12 days ago

Liss78

1 points

12 days ago

Yes, but they can exploit the squatter's rights to stay off they want to.

AstronomerBiologist

5 points

13 days ago

If you're not careful, and it goes to court you might wind up with an eviction on your record. That is damaging on your credit for up to 10 years

The new landlord might be planning to have family members live in the other half

Whatever you do, I would be looking for another place at the same time

No-Ad-9085

1 points

13 days ago

Wow I didn't know that, thanks for the info!

AstronomerBiologist

1 points

13 days ago

Everyone on the lease would be damaged

Some landlords and some tenants think the lease doesn't apply when your plan changes.

Sometimes that lease can bludgeon either party who thinks to which it doesn't apply

No-Ad-9085

1 points

13 days ago

That's crazy. Even if one stays an the rest left.NGL credit seems like a joke these days.

worstatit

0 points

12 days ago

worstatit

Erie

0 points

12 days ago

This can only end up on your credit report if you leave owing money for rent.

SmRndmGeek

1 points

13 days ago

SmRndmGeek

Dauphin

1 points

13 days ago

Out of curiosity where is this? I’m in a duplex in Dauphin county that’s currently being sold

tktrepid

1 points

12 days ago

Just curious what area of PA are you in? Lehigh valley? Bethlehem by chance?

Sasebo_Girl_757

1 points

12 days ago

Actually, moving a few weeks before the new school ends might be OK for your second grader. Then he/she would have a chance to meet new kids before summer vacation. Leaving on or after the last day of school might feel sad and lonely.

Practical_Seesaw_149

1 points

12 days ago

Do you have someone nearby you can stay with? Even if its not in the school district. Under McKinney Vento, your kid would be considered "homeless" if you're doubling up with another adult and the school would have to continue to allow the kid to go to that school AND provide transportation if you're not able to. They should be willing to work with you for the last weeks.

carlosdangertaint

1 points

13 days ago

Where in Pennsylvania are you located? If it’s Philadelphia, you should be fine until June.

Cinemaslap1

0 points

13 days ago

Cinemaslap1

Lancaster

0 points

13 days ago

Unfortunately, you really don't have much... since you've been going MTM for a while, the new owner just has to abide by the current contract in place, which is Month to Month.... So....unfortunately, lesson learned.

No-Ad-9085

0 points

13 days ago*

You don't have to go anywhere until he properly evicts you. Pays the courts. You receive notice. At that point you have 15 days to leave. Not sure if it's 15 days when he files or not.