If your landlord is selling your rental property – Receiving notice that your landlord plans to sell the house you live in can leave you feeling shaken and uncertain. The situation may not be entirely ideal, but tenants do have rights in this situation as well.
Landlords are legally allowed to sell their rental property, even with tenants in residence. Let’s take a closer look at what a tenant’s rights are and what should happen during the sale process.
Should I be Looking for New Rental Properties Near Me?
Whether or not you should be looking for a new place to live all depends on the circumstances. Be sure to communicate clearly and candidly with your landlord. Get a clear picture of their intentions.
Ask if they plan to sell the house while you remain living on the property and what other plans they may have. There are a few strategies that landlords go through before the sale of a home.
First, they might offer to let you buy or rent to own the home. If you are a tenant in good standing and can afford either of these options, this might be the easiest method. You don’t have to move and they don’t have to spend months looking for a buyer.
If you don’t want the home, they might do a “cash for keys” offer. This tends to be the most favorable option for both landlord and tenant if you don’t want to buy the house. Moving on short notice is a pain and often a financial drain. The landlord can offer to help pay for moving costs or the deposit on a new place. Basically, the landlord is paying you to move out.
If your lease has a sale termination provision, then the landlord can issue an early termination. It’s a common, legally binding clause found in leases. Make sure you are familiar with the lease terms. Often the clause allows for a broader notice window and direct payouts to help with the move.
It is also fairly common for landlords to sell rental properties with the tenant still in residence. They can sell to other investors or do a direct sale to a company that buys homes for cash. The new buyer honors the terms of the lease until it ends. After that, they can renegotiate the terms of the agreement or ask the tenant to relocate.
Eviction from Rental Properties
It is important to note that you cannot be forcibly evicted from a property without due cause. There is a legal process that both the buyer and the seller of the property have to go through. The landlord must honor the terms of the lease the same as you. While you might end up needing to move because of a sale, it is usually on mutually agreed-upon terms.
Utah defines due reason for eviction as:
- Disturbing other tenants or neighbors.
- Subletting without approval.
- The sale of drugs or illicit substances.
- Weapons violations.
- Gambling.
- Smoking, if prohibited in a lease.
- Frequent noise violations that interfere with neighbors.
- Prostitution.
- Default of payment and back payment.
- Criminal behavior.
- Threats of violence against other tenants or neighbors.
- Committing a felony.
Your Rights While the Landlord is Selling a Rental Property
Utah state law has several protections in place to ensure tenants cannot be tossed out on the street without warning. They give the renters time to negotiate with the landlord or find a new place to live. The laws also protect tenant privacy during the showing and sales part of the process. These regulations include:
- A 60 day notice must be given in writing informing the tenant of your decision to sell the property.
- A 14 day notice must be given prior to scheduling the first viewing.
- All tenants must be informed of the dates and times of viewings at least 24 hours in advance and in writing.
- A property cannot be listed for sale without the tenant’s agreed consent.
- Viewings cannot be scheduled on a Sunday, a holiday, before 8:00 am, or after 8:00 pm.
- Listings cannot include photographs of a tenant’s personal property.
- Tenants are legally allowed to refuse a viewing if they do not agree with the date or time.
Avoid the Hassles of Utah Real Estate
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