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Can our landlord sue us if we don't move out at the end of a fixed term tenancy?


Our landlord has sold the property we are renting. They need us to move out on a certain date. However, we have bought a house also and need to move out 2 weeks after the date they have requested. The date they want us to move out on is also the end of our fixed term tenancy. However, the agent told us that they would be flexible with dates, but it appears that this is not the case. We have nothing in writing. The landlord says he will sue if we don't move out on the required date. We were not consulted about this date. Is this possible for the landlord to sue. Or should we sit put and move on our preferred leave date. The office of fair trading advised that we can stay, but they will take us to tribunal to get us out. This will take 3 weeks, by which time we will have left. I'm need to know if they have grounds to sue if they can't settle the property on their chosen settlement date and the sale falls through? We have been good tenants for 2 years and paid over $75K in rent!

Consult an ACTUAL attorney that you meet in person. Don't be a dipsh*t and take the advice of some non legally trained butt muncher who is on here claiming to be a lawyer.

I am a bit confused about where you are because England has an Office of fair Trading but it does not get involved with tenancy disputes and you quoted the rent on dollars so I guess you must be in the USA and there each state has different laws. Also England does not settle these things in a Tribunal.

Anyway, I guess the situation is similar where ever you are in that 2 weeks extra makes it not worth your landlords while to take legal action. He won't like it and if you were very fair you would leave at the notice date and move into a hotel for a couple of weeks, but if you stay put he cannot get you out within the 2 weeks anyway.

You should, of course, still pay your rent on time.

There is the problem of your deposit and perhaps your landlord is working up to keeping all or part of it when you leave. That will be another case of it not being worth fighting it out in court although you do have the right to and in England you can do it on line without actually needing to go to court.

If I were you I would be more worried about my deposit than about court action. You are not breaking the law simply by staying past the notice date.

I do agree with your 1st responder, but I wouldn't have been quite so rude about it.
In the UK a landlord can ask you leave at the end of a fixed term contract, but, he has to give you 2 full months notice. For example, the landlord wants you to go on the 20 March, you pay you rent to the 20th of each month, he must tell you on or before the 20th of January.If he tells you on the 21st January then the date would have to be 20th April. Of course in the U.S the law will not be the same but I expect its similar, check it out with a legal adviser.

If your contract to rent the place goes through a certain date, that is the last date you have a right to be there. You say that you were not consulted on the move out date but that is the date at the end of your contract so you really have had long term knowledge of the date. Perhaps you didn't plan on moving out on that date when you signed the contract but you knew it was a potential end date.

The new buyer may be in a similar situation to yours and need to move into the place because their old place needed them out by a certain date.

You really should abide by the contract terms and move out on the specified day----even if it means putting your stuff in storage and staying in a hotel for a few days. It is not the landlord's problem that you can't move into your new place for two weeks.

He can sue you if it causes the other deal to fall through or if the other party has to stay in a hotel because you didn't vacate when you were told to at the end of your tenency contract. Fixed term means fixed, not flexible. If you hold over, you are in violation of the contract.

Consult a lawyer and get the details but I would plan on moving out on the landlord's preferred date.

If I could give the first answerer 20 stars, I would.

If you were a tenant of mine and didn't move out, I wouldn't sue you I would remove you physically.

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