Can a lease be transferred to a new lessor?

[Idahobob]

What is the name of your state?We are renting a house in Idaho. There are 4 of us on the lease agreement. After the first 2 months of living in the house, the original owner of the house (who we signed the lease agreement with) sold the property to a new owner. We originally got the house due to its location (peace and quiet, since we all attend the university here) and for it's spacious backyard. The new owner of the property came to us recently saying he was going to tear down our garage, and start building 2 new housing units on both sides of our house. The construction will go on throughout the rest of our lease. Due to this construction, the noise will be unbearable, and our spacious backyard will be (and has already) been turned into a dirt rubble pile.

My question is this; Is the contract that we signed with the original owner transferable to this new owner, and can he legally change the property we live on without our consent? There is no clause in our original lease agreement which states anything about the transfer of the lease, and we were assured by the original owner that the property would remain the same throughout our 6 month rental period.

We have all reached a point of disgust. The closest thing I can find to us having a cause for moving out and breaking the agreement (if in fact it is still legal with this new owner) is constructive eviction. I am hoping that the original contract was nullified when the owenr sold the property. This new owenr does not have his name on the lease, and never talked to us about the signed lease with the previous owner. Time is running short for us. I would appreciate any help you can give me. We are all college students, so don't have the funds necessary to hire a real estate lawyer, and are tired of being taken advantage of because of our student status. Thanks!

 

[melodymichaels]

Are you in Boise?

Sounds like you have a winner of a landlord. I wonder if he/she is the same person that I am renting my house from. These people have absolutely no regard for the law whatsoever. They make up the rules as they go, and threaten lockouts and other "legal" remedies if we don't comply with the new rules that they make up. I was told that my asshat of a landlord just purchased a new property in Boise that he's planning to build more units on, so your post got my attention.

Long story short, my a**hole landlord decided that he wants the rent on the 25th of the month instead of the 1st as stated in the contract. He is now threatening to lock me out if I don't pay on the 25th. Add to that the fact that he routinely spies on us through the windows, has his in-laws snooping around inside when we aren't here, and he PAYS the b*&ch across the street to call him daily to "report" to him on our activities. All of this because we are breaking our lease to move out of state for my job. (Last week I actually caught is mother in law in my living room going through my mail!)

I would consult an attorney ASAP. My landlord left a nasty note on my door today, which is going straight to my lawyer in the morning. I hope he enjoys paying his lawyer to respond to it!!!

Grrrrrr!

 

[alligatorob]

Hey Idaho Bob, I am a landlord, not a lawyer but I know what the lawyers here will tell you take a look at your contract. Is it for the house, garage, and property or just the house?

My guess is that not much will happen in what's left of your 6 month lease, it will take the guy a few months to get permits and line up contractors. Is it really worth fighting this? For what it's worth when I rent a house I have always assumed the renter got use of everything on the property.

Good Luck

Alligator Rob from Florida

 

[treese]

My question is this; Is the contract that we signed with the original owner transferable to this new owner?

Yes

TRANSFER OF PROPERTY OR RENTAL AGREEMENT
When the landlord sells the property being rented, the new landlord takes over all
the rights and responsibilities of the seller, including the obligations regarding
security deposits.

can he legally change the property we live on without our consent?


Refer to your lease agreement.

Look up your State's Landlord/Tenant Laws: http://www2.state.id.us/ag/consumer/tips/landlordtenant.pdf

 

[Idahobob]

Thanks for the speedy replies =)


We reviewed our lease agreement and it is for the property located at our address, not just the house. There is nothing in the actual agreement that says anything can be changed. I can't decide if this is good or bad. It could mean that since it doesn't say in writing that the property cannot be changed, that the landlord can do what he wants with it, but I'd like to cling to hope and assume that he can't since it is not expressed in writing.

As for taking a few months to secure the contractors etc, he informed us a week ago that building would begin starting this upcoming Monday (the 30th)

On a completely different level, our water pipes had to be dug up from our backyard about 1 and a half months ago. After they replaced the pipes, they left our yard in shambles. Dirt, rocks, and PVC tubing lays all around the yard, and half of our backyard fence torn down. We were without water for 3 days. The landloird rented a port-o-potty for us to use, but after the water was turned back on, it took 4 different phone calls over the course of 3 weeks for him to remove it. He also assured us the fence would be replaced, but has not yet been fixed. (My roomates have 2 big dogs, and now cannot allow them to run around in the big back yard due to a lack of enclosure.) Thanks again for the help all!

 

[wrmiii]

Always tough

Bob, most laws are based on common sense. Your contractual agreement is simply transferred to the new owners. Letters and photos, you will need documentation to get out of this place. If you rented a home with a fenced yard in order to maintain children and animals, your renting the yard also. Demand in writing this be repaired. Construction done during reasonable hours is a hard one to beat. No water for three days, though certainly inconvenient is not strong enough. He made a reasonable attempt to remedy this. Sounds like he is not hurting for money, have you sat down with him and discussed all of your concerns in a civil manner? Who knows, he may say sure go ahead and move. If not just document all of your issues until you can stand no more and then move. If he reports you to a credit agency or sues to recover monies then just put your paper work together and go get him. If you send him enough complaints via certified mail (return receipt requested) he may just ask you to move.
Good Luck