Landlord kicking me out?

I have been renting from a guy for 2 years. He sold the place and I have a new landlord. Before the new landlord bought it, I asked the original landlord if I could stay via text message (until September 2020). The new landlord says that he wants me out by May 2020. Do I follow the new landlord s wishes or is my text message consent??

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  • 3 weeks ago

    You will need to involve the former owner (your former landlord) in this dispute to determine whether your "text" was intended to become a modification to whatever rental agreement you had. 

    The general rule is that an oral agreement may be enforceable among the parties, but not in light of a contrary written agreement, absent additional written proof.  A text may be deemed "written proof" under state laws that prohibit repudiation of an agreement simply because it was "signed" in electronic form.

    The identification on your text, and reply by the landlord, MIGHT be proof of a "signed agreement", leaving it up to that landlord to explain it to the buyer (your current landlord).

    Good luck. Your mileage may vary. Your local attorney can look at ALL the facts and apply the corresponding laws to your particular situation, if you can't work it out like adults.

  • 3 weeks ago

    You've been told to be out my May 2020. You've been given PLENTY of notice. Generally, only 30 days' notice is required.

    Source(s): Certified Paralegal,with 25+ years' experience & with Landlord & Tenant law experience.
  • 3 weeks ago

    Do you have a written lease?

  • 3 weeks ago

    unless you have a written lease that says you can stay through Sept, you have to move out in May.

    a text message won't be seen as a legal lease agreement that transfers to the new owner....it may have worked with the original owner, but since you did not have an actual lease to transfer to the new owner, you are essentially month to month....assuming you do not have a current yearly lease through Sept.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      Interesting point: whether an unwritten agreement (e.g., an oral agreement to extend a rental) can be transferred to a successor who is unaware of its terms. Who bears the burden of proof?

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  • Judy
    Lv 7
    3 weeks ago

    He has to let you stay until your lease ends, if you have one. The text means nothing legally.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      The text may serve as written evidence of a personal license from the prior owner. Whether it applies in any way to a new owner would depend upon things we weren't told.

  • 3 weeks ago

    If you have an annual lease, you are good through the expiration of the lease.  

    If all you have is some text message agreement, that's not going to fly.  New landlord can give you 30 days notice to vacate or face eviction.  

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      They can certainly "give you 30 days notice", but you can also try to prove a different agreement with your former landlord.

  • Maxi
    Lv 7
    3 weeks ago

    If you have a written signed contract to rent the property, then the new landlord has to obey that contract until end date........a text message means nothing and if that is all you have the new landlord can give you notice to leave by giving you a months notice to leave as and when they want

  • R P
    Lv 7
    3 weeks ago

    If you are in the USA AND you are in the middle of a fixed term lease, the new owner has to honor your existing lease until it expires. He also has to give you proper written notice to vacate per your state's laws.

    Most states (but NOT all) do not recognize text messages as legal notice.  So, even though you received a text, you should probably be planning now to move at the end of May 2020 since it is logical that you will be receiving a notice to vacate. Save up the money you will need in order to move.

    Source(s): Florida landlord
    • Nuff Sed
      Lv 7
      3 weeks agoReport

      A text message (or email or fax) may be valid as proof of a written agreement or modification in all US states. That makes it between the seller and the buyer to figure out "damages' from seller's failure to disclose the modified lease, if that's what it was.

  • P
    Lv 7
    3 weeks ago

    You didn't actually sign a new lease, a text message is meaningless.  You must follow what the new landlord wants. 

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      You don't know that it's "meaningless" in all jurisdictions in all circumstances.  Electronic messages can be presented in court as proof of various terms of agreements.

  • Anonymous
    3 weeks ago

    Do you have a written lease that says you can stay until September 2020?  

    If not, what kind of written rental agreement do you have?

    In the absence of a written rental agreement, state and local law applies which most likely means you are a month to month tenant and the landlord can give you notice to vacate.    Laws vary by location.

    I highly doubt a judge in a court of law would consider a single text message to be a lease that would transfer to the new owner. 

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      Yes, it would generally be foolish of a tenant to rely upon oral (or one-time text) terms that extend beyond a written agreement more than about 30 days. But state laws often recognize oral agreements for up to a year, at least between those parties, and OP never said "written lease".

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