OT A question of etiquette? Is it just me?

So, I am laying down last wednesday and my daughter comes in the room and wakes me up. she says, "Mom, there is a lady at the door and she says she needs to talk to you." I tell her (she's 17 going on 75)  to ask her what she wants. I was feeling really lousy and had not slept much the night before. Anyway, my daughter comes back and says that the woman is a real estate agent here to do a walk through. I am like WHAT!! I get up and go talk to this woman. It turns out that my landlord died on Saturday and the heirs have put the house on the market. They have not even buried this woman yet!!!!!! this was Wednesday, she died Saturday and the obituary  ( i went online to check cuz i was in shock) said the funeral was pending. Ok, now somebody please school me about this. I cannot imagine going to a real estate agent before the funeral arrangements are finalized. I have buried a few folk in my life (both parents,and a husband to name a few) and this is way over my understanding. Anyway, then Miss real Estate agent announces she will be back tomorrow to show the house at 1PM. I am like what? I have a lease.  I am going to have to get some legal advice about how this works. So now on top of everything else I have to move. Please, don't get me wrong. I am sorry the landlord died. (she was only 49) but I am facing another surgery, money has been non existant and now this. But I digress, please someone hollah at me about this real estate before the funeral home situation. peace miss Jojo

 

If your landlord had a mortgage on the place and no mortgage life insurance her family will have to sell and keep the payments up until they do.  Who knows how much debt she was in.  Or... maybe they are just plain greedy or have a realtor in the family pushing for sale.  Regardless, a phone call from the family and the agent would have been appropriate.  Sorry if any realtors are offended, but in my experiece they often treat existing tennants like crap. 
My last landlord pulled that **** on me except the ******* was quite alive and well.   We discussed selling me the house but we could not agree on a price.  After telling me he planned to hold for a few more years, I hear a realtor banging a sign into the lawn less than 48 hrs later.  I was out and in my own house in 45 days leaving him with an empty house until he finally sold it... for what I originally offered. 

Hey my sister,

I am sorry to hear of your plight.  It is clear the new homeowners have little tack or manners.  Regardless of what their legal rights are, they should have come to you to make arrangements regarding the sale of the property.  Every state is different and you need to consult an attorney in your state.  I would start with your local free eviction/ legal aid service.  A Google search turned up dozens.  You may have to contact several before you get the help you need...but there is someone that can help out there.

As a landlord in CA, TX and CO I know a lease is nullified usually if ownership is transferred.  So, you may have to move, but you should know what your rights are.  In some states, the landlord is required to give you a certain time frame and or cash to assist w/ relocation.  In all cases, you must receive proper notice, which has not happened in this case.  Also, the RE agent showing up unannounced is probably a violation in MO as well.  It may end up that you have a case against the new owners before all is said and done.

My advice, after learning of your rights, contact the new owners and negotiate a deal that is in your favor, i.e., waiving rent for X number of weeks while you relocate.  It appears that they are determined to regain possession of the house, so I would start making plans to move.

Best of luck to you.

Damn.....she probably left the house to more than 1 person and they have to sell to split the proceeds.   Either way they could have notified you before hand.  I don't know what the laws are in your State but in New York they can't just put you out just like that.  Personally, I would hold the rent and find something else and deal with the former landlord at a later date, since they didn't give you any notification....but that's just me.

My business as well as my family’s business, is leasing and flipping homes in Michigan. We have a diverse portfolio of homes and we have been doing this for a while, so I know the business.

First off, don’t worry about moving. If you have a current lease then the new owner is responsible for honoring that lease.

The first way the lease, well at least in Michigan, can be nullified is if the property is foreclosed and ownership is reverted back to the bank.

We have sold homes with tenants occupying the property and if the new owners want to occupy that property as their primary residence then they have to honor the "landlord breach of lease" clause in your lease. Now here goes the gray area, if your lease does not contain a "landlord breach of lease" clause then here is what probably will happen. The individuals that inherited the property might try to evict you. You then will go to court. When you go to court tell the judge what happen and what you’re going thru. Most judges are more kind then what you think. They have screwed my company over a bit, but there nice to tenants.

I would also like to state that more likely than not the new owners are buying it as an investment property. Now day’s real-estate investment companies, such as my families, are buying properties because it’s inexpensive to buy homes.

Don’t become worried...yet!

And as a side note your lease may also states that the landlord or any representative of the landlords(in your case the realestate agent) has to give you a 24hr warning before they enter the leased property.

If you have any questions or would even like me to look over your lease for you (for free *BAF DISCOUNT*)...lol...I would be more than happy to do so. Just shoot me a message.

Micah P.

 Thank you so much for your kind informative response. The lease was very simple and there was no "landlord breach of lease"  clause. There was a clause regarding the landlord personally having access with proper notice. I am going to contact legal aid and go from there. The house has major issues so I would be surprised if they sell it quickly  unless it is being offered as is. Even the Real estate agent made some comments. I am still recovering from my revision and I have another health issue that needs to be dealt with. I was planning to move at some point but that was just in the formative stages because of my health being #1 right now.. It was just so abrupt how this happened and how it is being handled. Thanks so much again
peace jojo