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Landlording And Other Aggravations


Here's the gripping story...

You are the landlord of a small apartment building that you are offering for sale. You find a buyer and a sale is arranged.

The tenants learn of the sale and ask if theywill be forced to move. How do you answer?

You explain that it depends upon the leaseagreement. If the tenant signed a leasethey have the right to remain in the unitat least until the end of the lease... longerif the new owner agrees.

In many cases the tenant signed a lease andremained after the lease term ended. At thatpoint their occupancy became a month to month tenancy.

A month to month tenancy can be terminatedmerely with the landlord giving notice to thetenant. The length of the notice may begoverned by state law, but a 30-day notice iscustomary.

In another situation the tenants learned that the apartment owner was in default on his monthly mortgage payments and the lender had begun a foreclosure action.

All the tenants had time remaining on their apartment leases and they had no intention of moving.

Bad news for the tenants... real property foreclosure law states that junior liens and leases are extinguished by a foreclosure.

This means tenant leases do not have to be honored by whomever buys the property at the foreclosure auction.

The tenants will receive due process by receiving a notice to vacate and if they don't move they will face an evicton lawsuit.

About The Author

Mark Walters is a real estate investor and author. His published works can be found at his web site: http://www.CashFlowInstitute.com


MORE RESOURCES:

Press-Enterprise

REAL ESTATE: California receives up to $18 billion in multistate settlement
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“It is a good first step but only a step toward the solutions we need,” said Kevin Stein, associate director of the California Reinvestment Coalition, a real estate consumer advocacy group. In California, the banks have guaranteed more than $12 billion ...
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Shrinking the foreclosed real estate glut
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The Free Lance-Star

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BY BILL FREEHLING BY BILL FREEHLING One of the Fredericksburg area's oldest and most prominent development firms has started a full-service real estate brokerage arm. Vakos Real Estate opened this week in a 5200-square-foot space next to a Tropical ...
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DOJ: Three NorCal Real Estate Investors Agree to Plead Guilty to Bid Rigging ...
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Three Northern California real estate investors have agreed to plead guilty today for their roles in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California, the Department of Justice (DOJ) ...
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Real-Estate Crash Aids the Green Movement
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By LAURA KUSISTO The real-estate crash left pockets of the region's rural areas littered with the remnants of would-be golf courses, shopping centers and luxury subdivisions that never got off the ground. But the market swoon has yielded an unexpected ...



Real Estate Agent Highlights New Technologies by Bicycling 700 Miles to Mid ...
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His route takes him across the breadth of four states and through 12 overnight stops, ending on stage before an expected 4000 attendees of the Coldwell Banker Real Estate's International Business Conference. Dyer aims to use a 150-year-old ...

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CBRE Clarion Global Real Estate Income Fund (NYSE: IGR) Declares Monthly ...
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PHILADELPHIA--(EON: Enhanced Online News)--The Board of Trustees of the CBRE Clarion Global Real Estate Income Fund (NYSE: IGR) (the “Fund”) declared a monthly distribution of $0.045 per share for the month of February 2012. The following dates apply: ...

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South Bay commercial real estate market heats up
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Silicon Valley developers are racing to erect office and R&D buildings to meet a fresh surge of expansions by tech companies that's turning the region into a commercial real estate boomtown. Last year, the South Bay added about 26000 employees, ...

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The Real Deal New York (blog)

Jets Stadium Chief Sheely Leaves NFL Team for Real Estate
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Sheely, 40, the Jets' vice president for stadium development and finance, said he'll start a real-estate development company based in New York. The Jets and Super Bowl- champion New York Giants each borrowed $650 million to build what's now called ...
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