Thursday, July 14, 2011
What obligation does the agent have to a tenant if their home they rented them gets reposed ?
The tenant agrees to pay rent in a specified amount for a specified time, eg. a year; the landlord agrees to provide the tenant with habitable housing space. Just like a tenant cannot suddenly get up and go without further obligation till the end of the lease term, so cannot a landlord unilaterally break the lease with no penalty. Saying "oh, yes, I signed a lease for a year, but that was then, this is now, these are different times, and I changed my mind" doesn't cut it. If a tenant said that, the landlord would demand the rest of the year's rent and the courts would uphold it. Contract law is not a one-way street. The landlord must either ask the new owner to take over his obligations under the lease; or rent from the new owner and allow the tenant to stay; or provide the tenant with a different housing space (which the landlord may own or rent) of the same or better quality, and pay for the tenant's moving expenses. The tenant continues to have the obligation to pay rent in the same amount.
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