# Eviction notice and new landlord



## Froglet (May 7, 2014)

Hi everyone,

I have an interesting situation with my landlord and the contract we have.

In October 2013 we signed a contract for one year. 

In March 2014 we received a letter to vacate the premises because he was selling the property

So, basically, with the eviction notice we have till March 2015 to vacate. However, in the meantime a potential buyer came. 

In case he buys the property, according to Law 26 of 2007 (article 28), we can stay in the property under the same conditions as we had with the old landlord for the length of the contract (which would be till October 2014). 

However, we have the eviction notice.. Does the eviction notice 'replace' the contract meaning that we stay with the same conditions till March 2015? Or does the new landlord have the right to increase the rent at the end of the original contract (October 2014)?

Thanks :car:


----------



## w_man (Apr 16, 2010)

Well I would think that if the new landlord gives you a 90 day notice (from the end of the existing contract Oct 2014) of any changes to the rental contract, including a rate increase, it would be valid.

Of course, the new landlord must give you the notice to any changes in a timely order as well as any rent increase must be in line with the RERA rent calculator.


----------



## Chocoholic (Oct 29, 2012)

I would say the 12 month notice stands as your current LL would have a better chance of selling without a tenant - which was probably the thinking - and that a new buyer would want to move in themselves.

Your best bet is to check with RERA - call 600 555556 - they will tell you over the phone there and then.

But yes, you are correct in saying that a new LL must continue your current contract under the same terms and conditions. 90 notice of any changes must be given BEFORE the expiry of any contract - that is clear.


----------



## Froglet (May 7, 2014)

Thank you both. I will indeed call RERA to find out exactly.

Last question: what if I would get a notice of a change to the contract, say, 85 days before the expiry of the contract? Would I then be able to stay in the apartment with the new landlord and the same terms and conditions of my current contract? Is there a law for that?

Thanks!


----------



## w_man (Apr 16, 2010)

The law specifically says 90 days so if it's any less than 90 days, I would imagine the law would be on your side. 

I would personally not say anything until well after the 90 days are up in regards to the renewal. Let them come to you.


----------



## Juu (Jan 22, 2013)

My understanding is that you can stay until October 2015. 

Your eviction notice will take effect on March 2015, but you will have already renewed the lease in October '14 for 1-year. 

I have just had a similar issue (please check my post from yesterday) and basically an eviction notice is the court telling you that you can't renew your lease anymore (that is what's written on the one I received). 

As per the rent increase, the new landlord must inform you 90 days in advance before the lease renewal date of a rent increase, in line with Rera calculator (so it could be 0%). 

Same landlord, new landlord, ... your rights do not change. Just the person you are dealing with.


----------



## Chocoholic (Oct 29, 2012)

Well the law actually says it's 12 months notice prior to the proposed eviction date - not the end of the contract. So technically you can be given 12 months notice in the middle of a contract.


----------



## Froglet (May 7, 2014)

Thank you all for the above.

I do see some mixed answers. Is there some law that would definitively tell me till when I can stay? 

The law states that the a new landlord buys the property with the tenant and the contract it has with the old landlord. However, the main question I have is: does the eviction notice replace the contract meaning that I can stay till March 2015? Or does it refer to the original contract which I signed with the landlord? (October 2014).

Does anyone have any extract from the Tenancy Law to support this? Or would RERA be my best option?

Thanks!


----------



## w_man (Apr 16, 2010)

Froglet said:


> Thank you all for the above.
> 
> I do see some mixed answers. Is there some law that would definitively tell me till when I can stay?
> 
> ...


Your best option is to take all the documents to RERA and ask them. That way you can quote RERA if/when the question comes up with your landlord and you're not just quoting some people off of a forum.

I have always been confused on the 12 month notice period when it comes to the LL selling the property. Some say the 12 month notice period starts as soon as you get the eviction notice and some say it starts at the end of the contract. Either way, I am pretty confident that you can stay until March 2015 at the least. You MIGHT be able to stay until Oct 2015 but might have to check with RERA. I don't think they can get you out of there in Oct 2014 as you didn't receive the eviction notice until March of this year. 12 months apply no matter what. 

You COULD make a deal with the new LL where he can compensate you for the moving cost and any increase in the new rent but that's entirely up to you.


----------

