Legal Question in Real Estate Law in Colorado

What are tenants rights when landlord sells poperty

One month after signing a one year lease on a home property, landlord informs us home is in bankruptcy and must be sold. Potential new owners cannot take possesion for 3 months. What are our rights concerning deposits paid, invasion of privacy, can we walk out on lease before sale, what demands if any can we make. Since being notified realators have shown house 3 to 7 times a week, we have been asked to keep house in show quality status on regular basis. We feel owner is in no position to rerturn deposit or pay any moving expenses due to bankruptcy. If we move before house is sold, don't pay rent for one month to compensate for deposit can landlord take action against us?


Asked on 9/26/00, 3:34 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: What are tenants rights when landlord sells poperty

You are best advised to contact the bankruptcy court as they are now running the show so far as decisions concerning the house are concerned. There may be a trustee in bankruptcy, in which case s/he will have decision-making authority such as you seek.

Clearly the landlord has breached your lease and you are entitled to the return of your deposits at the least. The lease is now controlled by the bankruptcy trustee, however, so they are still the ones who should be dealt with.

I would plan to withhold the payment of future rent until these matters are settled, and unless you receive notice to move from someone authorized to give it, you may remain on the premises, but expect to pay rent for the time you do.

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Answered on 10/26/00, 10:41 am


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