Landlord wants to move back into rental

[issakaye]

My husband and I have been living in the same house, rented for 2 years. Recently we just signed a new 2 year lease (early) for January 2011 on this home because we love living there. The landlords are great people too and we all get along wonderfully.

I did get wind though they might be hitting financial hardship recently and need to move out of their new home back into this house.

We've signed the new lease but the term hasn't started yet (Starts Jan, 2011). We're still in the original two year term. The new "renewal" is signed and they even gave us a $50 discount per month for the rest of this current term for signing early.

But IF they do want to break the lease and move back in, can they do that? Can they just cancel the renewal? There's nothing in the lease that discusses this.

 

[army judge]

No, they can't just kick you out. Your lease is secure until January, 2013.

They can ask you to leave. They can offer you money to leave. They can't force you out. Only a judge can evict you. Even if they lose their home, your lease is secure. You're protected. That is why smart people get it in writing. Relax, no one (but a judge) can evict you. For her to evict you, she needs a legal reason. As I said, you're safe.


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[issakaye]

Thanks! My husband just sent me the lease... in section two where it describes the lease term, it does say this:

2. Term: This lease shall be for a term of 2 year(s), commencing on the 3rd of January 2009. Landlord and/or tenant agrees to give written notification of intent to renew or terminate, a minimum of sixty (60) days prior to the end of the lease agreement commencing on the date mentioned above.

 

[army judge]

Thanks! My husband just sent me the lease... in section two where it describes the lease term, it does say this:

2. Term: This lease shall be for a term of 2 year(s), commencing on the 3rd of January 2009. Landlord and/or tenant agrees to give written notification of intent to renew or terminate, a minimum of sixty (60) days prior to the end of the lease agreement commencing on the date mentioned above.

That only speaks to whether you or your landlord want to renew the lease near the lease's end.
You both have to give 60 days notice at the end of the lease.
If either of you fail to provide that notice, your lease becomes statutory.
You then go into a month to month tenancy.
Nevertheless, you still have a lease.
Once the lease has been commenced, however, it runs for the entire term.

 

[issakaye]

Right I get that. We signed a early renewal a few months back that will tie us into Jan 2013. So there's no need to do a 60 day notice NOW. But since that term hasn't started, couldn't they give us the 60 days notice or are we good until the end of the term, 2013?

What happens if they decide to give us 60+ day notice to end Jan 2011 - can we cancel out that renewal if we haven't started it yet?

 

[army judge]

Right I get that. We signed a early renewal a few months back that will tie us into Jan 2013. So there's no need to do a 60 day notice NOW. But since that term hasn't started, couldn't they give us the 60 days notice or are we good until the end of the term, 2013?

What happens if they decide to give us 60+ day notice to end Jan 2011 - can we cancel out that renewal if we haven't started it yet?

They can't do that now.
Your new lease prevents them from doing that.
They chose, as did you, to resolve the issue sooner, rather than later.
You're golden now.
You're good until 2013!


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