Legal Question in Real Estate Law in Pennsylvania
Selling building on leased ground
I have sold my cottage(8/16/06) that is on leased ground with the landlords permission to sell. I paid the yearly lease $1450.00 per/year in July just 1 month prior to the sale. The landlord has issued a new lease to the buyer,$2800.00 per/year. Should the landlord refund a portion to me or credit the amount paid by me (as I have requested) to the new owners lease or can the landlord charge and keep both sums of money for both leases?
1 Answer from Attorneys
Re: Selling building on leased ground
You asked if a landlord can change the rent on a ground lease shortly after a sale.
Both the sale and the lease are governed by separate agreements. If the landlord charges rent from year to year then s/he is bound to accept that amount for the entire period unless the lease allows him/her to do otherwise.
Likewise, the current owner has "paid" the ground rent when you paid the amount before the sale.
The second part of your question is not quite correct. When you sold the property you sold the rights and responsibilities. If there is any overage or underage it is the right or responsibility of the current owner. You no longer have any relationship with the property.
Regards,
Roger Traversa
EMail: [email protected]
Phone: 215.279.8940
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