Legal Question in Real Estate Law in Texas
I leased a property in August 2009 with a one year term. The landlord has declared her intent to sell the property seven months into the term. I have reviewed the lease agreement and it states she has the right to take pictures and display a for sale sign in the last 60 days of the term. Additionally, she may access and show the property for the term of the lease. There is no explicit language that allows her to sell the property during the term. Further, I am in compliance with all terms of the lease with the exception of listed occupants (I recently had a son, which was verbally disclosed).
My questions: Can the landlord evict me for a minor violation such as an additional occupant? If she sells the property, will the new owner be required to honor my lease or can they simply file an eviction petition and be successful? What recourse do I have in each of the above circumstances?
She has provided the option of a signing a new 12 month lease with increased rent beginning in month 8 of the existing term. I am considering this option to forgoe the inconvenience. Can I protect myself in this new lease with language that states in no circumstance can the landlord sell the property during the term of the lease?
Any guidance would be greatly appreciated.
Regards,
1 Answer from Attorneys
Typically if a property is sold during the lease term, the buyer will take subject to yor lease and the buyer will become your new landlord.