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Updated almost 8 years ago on . Most recent reply

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Katie NA
  • Cincinnati, OH
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evicting tenant with active lease due to FHA loan requirement

Katie NA
  • Cincinnati, OH
Posted

The rental property I am living in was recently sold. I have an active lease through June 2018 and I am not in violation of any terms. There is not a clause in the lease stating it will be terminated upon sale of the property. My new landlord sent me a notice to vacate the premises in 30 days or he would begin eviction process. The reason listed was that he had to move into the property as a requirement for an FHA loan. I believe the lease on the upstairs unit in the building ends at the end of this month, but he doesn't want to live there as it is larger and thus the rental income he can get from it would be higher. He says his requirement to live on the property due to FHA loan cancel out my lease and that he didn't sign the lease anyway, my old landlord did. I was under the impression that leases transfer with property sales no matter what, unless it specifically states otherwise in the lease. He says he has the legal right to evict me. Is this true? I'm worried that federal law requirements of FHA loan override state laws protecting the tenant. I'm also thinking he just didn't do his due diligence before purchasing property. I am in Ohio. Thanks!

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Brendon Woirhaye
  • Rental Property Investor
  • Whittier, CA
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Brendon Woirhaye
  • Rental Property Investor
  • Whittier, CA
Replied

He can try to evict you but I do not think he will get far until next June.  Your longer term lease protects both you as the tenant and the landlord.  If he really wants you out, ask him to buy out your lease with whatever it will take to make you move.

His misrepresentation on his FHA loan is not grounds to break the lease.

Get proper legal advice, I'm not a lawyer.

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