Selling of building by owner and eviction....

[mommaobrien]

Hello. My landlords just sold our building - they closed yesterday. Monday we were served with a 5 day notice by the former owners for one month of unpaid rent. The rent is from 4 months ago and we have paid every month since. Can the old owners still take us to court and evict us? They have no deals with the new owner over this so we don't really know where we stand. Is the 5 day notice still valid even though the building now has a new owner who does not want us evicted as my husband will be performing the maintenance for him? We are unsure as is the new owner as to what the legalities are. We do plan to pay for the one month of rent but cannot before the 5 days are up. So basically I am wondering if the former owners still have the right to evict us or just take us to small claims court?

 

[central]

I don't understand the circumstances but as a landlord myself, one question comes to mind:

If subsequent months after the delinquent month was paid, why couldn't the delinquent month be paid as well?

The new landlord may not really benefit from seeking this late rent. For instance, had you paid your former landlord on time, the new landlord would still have not received that rent. S/he simply received the security deposits from the former owner.

If the former landlord wishes to take action, I would suggest that you try to remedy it out of court. Work out a payment plan of some kind (say over a 4-month period). I think most landlords (just like with electric, phone, gas, and other utility companies) take an exception here or there. My general rule is that if you KNOW IN ADVANCE you will be late (which you should because if the money is not there), inform me. We can work something.

Not all landlords are jerks!

At any rate, if your former landlord continues to take action either pay it off, give him some type of assurance that you will pay it in writing, or work out a payment plan.

 

[Michael Wechsler]

Do you really not owe the money? Perhaps the recordkeeping indicates you do owe the rent.

he current landlord may have bought the building and all outstanding debts. However, you will want a guarantee or some actual knowledge regarding the terms of the deal that if you do owe the money, you are paying the right person. The obligation that existed for the debt is to the old landlord unless this was purchased. If you pay the new landlord you don't want to be sued on it from the old!

Additionally, did the old landlord forgive the month's rent, e.g. in connection with services you provided? If the new landlord wants to enter into a deal with you then you should amicably negotiate the matter. Whatever the result, you should have the agreement in writing, signed by the landlord, and it can be informal so long as it says what it should. If the landlord doesn't sign it, a certified letter confirming your agreement should also do the trick.