theres a buyer who wants to come walk through the house. Truly J.M. Mention the actual move-out date in the letter as well to ensure you are clear with your tenant and they know what is expected of them and by when. Often called cash for keys, owners can offer tenants a payout on the lease if they want them to vacate sooner than their lease stipulates, though the tenant is under no obligation to accept. Is this okay? If you can clarify this I would be appreciative. Where do I go.landlord my deceased best friend room mates dad is selling house I am on disability 100% disabled have no means to move or monies to do it Alexander recommends that in the case of a tenant not paying, its best to wait until the lease term ends. What are our rights in this case? If the tenant has been at the property for less than a year 30 days notice is required. That means normal business hours during the week, perhaps early evening and may even mean weekends. Although things are messier with a fixed-term lease, its still possible to learn all the ins and outs of your tenant rights when your landlord decides to sell a property. Generally, unless theres some emergency, your landlord is restricted to reasonable hours. When touring the property with potential buyers, be mindful of the current tenant. It will also depend what kind of
After that, there are two scenarios that you can face as a tenant. Consider offering a relocation allowance to a current tenant as an incentive to support the showing process. There arent too many people who are willing to inherit that kind of situation.. Oregons New Advertising Rules:What are the Key Changes? Asking for my neighbor. She covers topics such as landlord-tenant laws, tips and advice for renters, investment opportunities in various cities, and more. My question is: Can he force us to stay in the contract even though he never disclosed (before we signed the lease) he would put the house for sale? Tenants have rights, too! Can that be used as my last months rent? Does the owner have right to say to others that the house is for rent even if there are still renting/living in that house? I work from home and the showings will be disrupting my work time. I live in CA. Landlords must provide tenants a minimum of 24 hours' notice before showing a prospective buyer around the property. Required fields are marked *. Is it legal for a landlord to tell you theyre selling the house youre renting to get you to relocate and then rent to someone else. But they were the people to buy the house. He does not have a realtor yet. The property is sold has been sold with in the two weeks of my husband and I finding out the property is for sale. I have a question. After theyve moved out, you can sell the property without worrying
They said that have nothing to do with previous arrangements. Just like the majority of problems on this planet, this one has a solution. Its your right to sell your own property, but its always best to stay on good terms with tenants. To begin with, there is no need to go crazy. Header Image Source: (Dmitrij Paskevic/ Unsplash). The owner has decided she would like to sell and is keeping us in our contract to continue to pay rent. Questions begin snowballing. Owner is selling the property and already gave me 30 day notice. I have four kids and I just barely unpacked and settled in and now she wants to sell? The Oregon REALTORS is committed to providing an accessible website. Some cities have even more lenient timelines, for example, landlords in Portland, OR, must give their tenants 90-days notice to vacate. Do we have a right to leave before the lease is over, now that its a new owner or are we still committed to the contract? So, check with the new owner. This seems fraudulent to me. Some buyers may not be interested in buying an occupied rental property,
He never makes repairs and we had to call code enforcement. This is really helpful and informative. Good morning! If the buyer closes on the home and the tenant still occupied the unit, the buyer will be the landlord, will be responsible for dealing with the tenant and will be subject to all of the landlord-tenant laws in Oregon statute and to the rental agreement. I assumed we either had to purchase the property ourselves or leave. In this case youll have to sign new agreement, so it really depends on the situation. On 5/01/18 I entered a 3-year residential lease in SC. Whether the termination clause is noted in your lease. We live in Maryland. For example, a California court recently held that Saturdays were normal business hours since realtors commonly held open houses on Saturday. These include: Wanting to buy a new piece of real estate. they texted this morning saying they want to sell the house and want us to move in 30 days we live in tennessee and i am wondering what will happen if we cant move in the 30 days. Any leftover money must get returned to you within the legally required time frame. It depends on whether your landlord sent you a written notice stating that he is selling the house. Were sorry to hear about your situation. If you are renting on a monthly basis, it basically means that your contract expires and gets renewed every 30 days. In most states, proper notice is required before a landlord enters the property. It will likely be difficult to sell a home with an active lease and tenant who is behind on rent, according to Duane Alexander, a real estate investor based in Atlanta, Georgia. Hes trying to get medical for his wife shes in ltc till she passes. I got him a storage unit. While there isn't specific language discussing the possibility of a new landlord, a lease or rental agreement could cover this. We asked the landlord before we moved in if he was going to sale it. This means that tenants cannot be forced to leave or asked to pay a different rent until the current lease expires. We found another place we like and signed the lease. However, there's always a chance that the new owner will also want to use the home as a real estate investment. Nothing would change as far as the terms of your long-term lease, you'd just have a new landlord to contact. The tenant may agree to leave the unit while the tour is in process, take extra care of the property, or agree to weekend showings. Someone bought it an now the new landlord is asking me questions about ,, when I paid my rent and if Im paid up with my rent to my cousins. Hi. For more information on terminating tenancies within the first year, see ORS 90.427 (3) and (4). I did not sign an estoppel and have been contacted by the new owners looking for rent. First of all, I would recommend you checking this with your previous landlord directly. They may allow you to continue on in the rental unit. Do we have any recourse? Great, we have added you to our mailing list, Tenant Rights When Rental Property is Put Up On Sale, Tenant rights with a month-to-month lease, Paying rent while the landlord is selling the house. I moved in and within 3 days found roaches everywhere. Any advice is needed. I dont want to be liable for anyone/anything to the home when it is being shown. And shouldnt that be returned since he has agreed to terminate my lease early? We rented through the property management company signing a years lease and the owner of the home slapped a for sale sign up front 5 months later. Had to ask my lanyard for relocation payment please give me a key to do it do it as for the information I hope you have a nice day, Hi, I have signed a lease agreement 3 months ago which will end Nov/2018 (State of Florida). For instance, if youre renting in California, you can have a sigh of relief as a local tenant-landlord law is tenant-friendly. I would like to know if i can set the time my place can be shown. Landlords who are listing a tenant-occupied home for sale may want to consider taking advantage of the process described in ORS 90.322(1)(d). The landlord may also be required to pay a relocation fee to the tenant under certain circumstances, Ross says. How well theyll hold up depends on the state. Think of it as an exchange. Oftentimes, buyers who intend to keep the property as a rental are fine with continuing the tenants lease until their move-out date (or beyond), so you may not have to worry about waiting until their end-of-lease date to sell, offering cash for
If not a 24-48 hour window, laws usually stipulate reasonable notice, which should be established between tenant and owner before scheduling showings. Buyers may want to consider including language that the seller will indemnify the buyer against any damages suffered by the buyer due to sellers failure to remove the tenant or issue proper notice. As a landlord you must give a written notice to vacate. If the landlord owns more than 4 dwelling units, an amount equal to one months rent. Ive been renting to own a home and just found out it has been sold to someone else and i have to move is this even possible what can i do. All Rights Reserved. The landlord or the tenant may terminate a month-to-month tenancy or any periodic tenancy for more than a month or less than a year by a written notice, in a form substantially similar to that provided in 34-18-56(c), delivered to the other at least thirty (30) days before the date specified in the notice. Thanks for your question. I really do not want strangers in my house when I am not there. I live in south carolina. The landlord recently sold the place and the new owners want both tenants out by June 19th, we are tenants at will. But when the lease expires, the lease expires, Rhyne notes. In the event that a tenant qualifies, the landlord must pay half of the assistance. An exception to this is if there is an early termination clause in the lease. This ensures nobody will pass by and knock on the door asking to look around. Then youll have up to 60 days to vacate the property. Once a lease ends, eviction prevention measures no longer apply, according to James R. Rhyne Jr, a real estate attorney in Mount Pleasant, South Carolina. So December we noticed a hole in the top of one of our closets. So chances are that your lease copy has all the answers youre looking for. In theory, you can file a lawsuit regarding your security deposit, but this is a sensitive point that you should check with your legal advisor. Landlord is selling. If we do have to pay this rent, how do they expect a renter to save for a deposit and 1st months rent for a new place? I talked to the landlord asking him to release me from the contract and informed him we can vacate in 30-45 days. My landlord sold the property we are currently living in but our landlord didnt even give us notice that he in process of selling the property. And get the latest insights, tips, and tricks delivered to your inbox. This place is a nightmare !! HomeLight, Inc. 100 1st Street, Suite 2600, San Francisco, CA 94105. With regard to tenants not having to leave their homes, thats for nonpayment of rent. I am on a month to month lease and the owner is selling the property. I work three nights a week and told him that he cant show the house those three days. tenant have knowledge of the law when his landlord selling the house.your landlord cannot force you to leave the house. For example, if the landlord wants the option to terminate the lease due to sale to a buyer, the tenant could require the landlord give at least 60 days notice, and/or require a buyout of a certain amount of money, Hall says. I have had requests Monday-Sunday, mornings, afternoons, and evenings all odd hours. Landlord selling property I am renting. To get started, send a letter with todays date letting your tenant know that their tenancy will terminate in __ days (typically 30 or 60) from the date of the notice. We were told the property started escrow today. We have been renting a house for over 5 years now. It sure would be nice if your landlordpaid tenants to move out of the apartment they rent, wouldnt it? They had to do construction, remove ceiling in kitchen and then had a drywall company and painter come to fix the repairs. If they do not, then tenants may make minor repairs themselves and deduct the cost from the following months rent payment The total cost of the repair may not exceed $300 and a minor repair does not include mold, asbestos, lead-based paint or radon. If an owner fails to maintain the property, a tenant may also be able to file an action in housing court. Not destroy or damage any part of the premises. That way we are here for atleast a year without worry. Its hard to imagine a scenario where a verbal lease agreement would ever be a wise idea. Your landlord must take reasonable steps to rerent, not heroic ones. Get free, objective, performance-based recommendations for top real estate agents in your area. Wer have not been given any legal documentation at all through this. Oregon tenants may break a lease early for the following reasons: Oregon landlords are legally obligated to facilitate the re-renting of a unit. If a buyer comes along and your building suddenly has a new owner, this new landlord might make some changes that affect the spot you rent. If taxes are going up, the home is no longer a sound investment for the landlord. Im struggling bad an I feel lost right now! For more information on terminating tenancies after the first year, see ORS 90.427(5) and (6). Find top real estate agents in these similar cities, HomeLight has an A+ rating with the As I already mentioned in one of my previous replies to a similar question: In 23 states, including California and New Jersey, the landlord has to give you at least 24 hours notice before she or anyone she authorizes enters the house. These courts can hear rental cases valued up to $10,000. P.S. This term varies from state to state, but its usually around 30 days. You should check your lease agreement and direct all your claims to the person or company thats listed there as a landlord. 1. However, I would recommend you checking with your legal advisor first. However, I cannot tell you for sure if its possible to sue post factum. We have been here almost 14 years (and some tenants have been here longer than 20!) Usually, its 30 days notice. Do I have any protection from being forced to move? What Documents Will I Need for Taxes if I Bought a House Last Year? I have a month to month lease. This involves mailing or hand delivering a letter (or sending an email) to your tenant 30 days prior to the move-out date youve set. I have to get a notice right? Your landlord might want to. That means if the original lease allowed certain exceptions, the new owner will have to permit them as long as the lease is still in place. Now he verbally said I have 60 days. at the time of lease signing, you never know what the future holds. We dont want to inconvenience tenants in any way, and we set up a time good for them, is how Alexander, the real estate investor based in Atlanta, Georgia, chooses to handle these types of matters. Effective immediately, the lease ends August 31 Leaving really messed us both up. Landlords are not required to give permission to enter in case of emergencies. Drove up to move in she replys she I am a landlord and may have to evict a tenant for non-payment. 2. That was December 2017. We did not sign it, of course. Should your landlord decide to sell their property and terminate your month-to-month lease, they can do it with ease. Its not your obligation to do in-house repairs to prepare the house for sale, it is up to landlord to perform all the work. Basically, new house owner can sign a new agreement with you, but only if he wants to rent out this property. No matter when you move, or under what circumstances, this is the process for handling a security deposit. There's usually a 30-day requirement, for both sides, to indicate your intention to move or their intention of lease termination. Another difference is that the one months rent relocation assistance that is required when terminating a tenancy after the first year for a qualifying landlord reason is not required when the landlord owns four or fewer dwelling units. The open house sessions can be held during reasonable hours and your landlord has a right to be present while showing an apartment to a potential buyer. It varies by state, but if tenants have a long-term lease, they may be able to stay until it ends. There's a tax break if you use the sale of one piece of property to buy another. Where he have been butting heads is the right of entry for showings of the property. I live in California. You need to know if there is a specific clause explaining your rights in this particular situation. If youre lucky, your old landlord might sell to a buyer who, as the new landlord, will be happy to sign a new lease with the current tenants once the sale goes through. The city of Eugene has a city-wide housing code that exceeds state standards and puts more obligation on landlords to provide habitable housing. any advice trying to avoid lease clause for early departure if they agree of course. Please help me. I live inAZ the new property manafer changed our rent date and the late fee with just a couple days before u pay rent on the 6th i have a 1 year lease. I honestly do not mind painting etc if they were to purchase the paint and reimburse me for my services. Your landlord can only charge you as much as the utility company charges your landlord, and cannot impose additional fees, or other charges for providing utilities. his son died and I was able to stay here. I am now homeless with my son and daughter and myself each get If the property is a foreclosure, the tenant usually doesnt have to leave immediately in the event of a sale. In Oregon, if the tenant has been there for more than a year 90 days notice must be given, according to the recent House Bill 4143. Without a written contract, any disputes will be one persons word against the others. The clause should be mentioned in the contract, this is the amount of money that you, as a tenant, should get compensated by the landlord in case of early termination. He can either sell the house with the active lease or terminate the agreement activating the termination clause. We also have a dog we have to consider. However, the tenant typically has 30 days or more to vacate the property in the event of a sale. Many fixed-term leases are based on a year-long tenancy period but can be shorter or longer. Ask your landlord to provide a professional cleaning service to keep the house in "showing order." However, staying until the end of your lease is advantageous to the next landlord since then, they don't have to try to find other tenants to occupy the home. The good news is that the lease doesn't go away. That is being put up for sale. We have potential buyers coming with the management company to look at the apartments. The owner may count on a tenant to pay rent while the property is on the market, but if the owner neglects duties, the tenant may be able to withhold a portion of the rent, or even break the lease, depending on local rental laws. The notice also applies in the case of appointments for the home inspection, home appraisal, scheduled repair work, or any other visits to the property while its on the market. Once youve received a written notice stating that the house is currently for sale, you have 60 days to look for a new place. One piece of advicewhich well admit is information you maybe could have used sooneris that you can negotiate how much time alandlord is required to give you if heterminates a lease due to sale. As the tenants is there something that needs to be signed in order for the owners to sell the home? Is there anything we can do? Other cities have different policies, with higher assistance amounts based on the size of the property. If the security deposit does not include sufficient funds to cover the amount owed, the tenant is responsible for paying the additional money owed to the landlord for the remainder of the lease.. I have two young children, so my house doesnt look like a museum ( its not trashed). This help isn't legally required though, so you may end up on your own, too. Prove that the landlord or buyer is not acting in good faith 4. But, what happens when all that's interrupted because your landlord is selling the rental home. Wouldnt you fix the water leak first ?? It is definitely important to know the rights of a tenant when the rental property is put up on sale. At HomeLight, our vision is a world where every real estate transaction is simple, certain, and satisfying. Looks like you have all legal rights to file a lawsuit regarding the fact that your landlord didnt give you the written notice. We have not been given notice in writing by the new owner. When the time comes, treat the move like any other. Im a renter. Alternatively, it might state that you can stay by the end of your lease but under a new landlord. With a fixed-term lease that has another 60 or 90 days, you'll need the tenant to cooperate in order to sell the house. What about your lease? 7 Points to Consider When Changing a Pet Policy Throughout the Apartment Lease, Key Similarities and Differences: Earnest Money vs. Down Payments, Do Not Share or Sell My Personal Information. We signed through The Barracks themselves which includes maintance, lawn work, etc.. We have been calling for weeks for them to come fix stuff and come to find out they sold our house to someone and will not provide us with any info on how to get ahold of them to get things fixed and to pay rent. Ive paid for dinners outside of the home if I wanted to show it. Not remove or tamper the smoke detector or carbon monoxide alarm. We need to break our lease for job relocation. Even if not required, presenting the opportunity for the tenant to purchase your home could be beneficial for everyone. If he gives you a 60-day notice, you should look for a new house and move out. In the last 30 days of the lease when the house is being sold, do they no longer require a 24 hour notice to gain entry? Things could also change quickly, putting you in a situation where you're asking for a relocation fee as you run out the door. When You Should Hire a Deep Cleaning Service at Your Rental Home? Also, they are telling me that I need to repaint all the walls and do all the repairs before I leave, if not they wont return my deposit. Landlord sold without telling us, we have a fixed term lease but would like to leave. Also, there is a chance that you can break your lease in case of any lease agreement violations on the landlords side. So if a main home and the ADU are occupied by separate tenants, selling the units together to a buyer who intends to move in as a primary residence is not a valid reason to terminate either tenancy. 2023 RentGroup Inc. All photos, videos, text and other content are the property of RentGroup Inc. RENTALS.COM and the RENTALS.COM Trademark are registered trademarks of RentGroup Inc. All rights reserved. My question is: where do they tend to look? Maybe someone can answer it for me. Ok, I have a quick question and hope someone can answer. I was never given written notice (that it was being put up for sale in the first place, nor that it had actually sold). 1. Ok so ive been living on this god for sackin. Landlords are not permitted to evict tenants in retaliation for exercising their housing rights (i.e. Getting a new landlord before your lease ends could mean nothing. It all depends on the state you live in. In that case, whatever is stated there stands; even long-term leases might not have any protection for the tenant, Hall notes. Then we have had agent just walk in our condo when the guy seen me and boyfriend leaving. She currently lives in Atlanta with her husband, two young children, three cats and assorted fish. The realtor also wants to put a lock box on the door. We live in Texas. Payments for surrendering a lease are taxable at ordinary income tax rates. Evaluating the housing market. Yes, you have to pay the rent as long as you live there. 9yrs. Often, it feels like a combination of surprise, anger, and stress all rolled into one. It impacts both a fixed-term lease and a month-to-month lease. Do you know your basic tenant's rights? However, verbal agreements are used on rare occasions. Failure of your landlord to do so gives you the motivation to hire a real estate attorney for support. That a tenant when the lease doesn & # x27 ; s a tax break if you have... It really depends on the situation hes trying to get medical for his wife shes ltc... Your month-to-month lease, they can do it with ease like the majority of problems on this planet, is... Currently lives in Atlanta with her husband, two young children, so house... Before your lease agreement violations on the door asking to look at the property, a California court held. As long as you live there sold has been at the property is sold been... Something that needs to be liable for anyone/anything to the tenant, Hall.... If an owner fails to maintain the property that, there 's usually a 30-day,! Of Eugene has a city-wide housing code that exceeds state standards and puts more obligation landlords! Direct all your claims to the landlord may also be required to pay the rent as long as live. To one months rent it ends interrupted because your landlord is restricted to reasonable hours, Ross says ; go... Still renting/living in that house wife shes in ltc till she passes on. Where every real estate allowance to a current tenant an occupied rental property, but always... Beneficial for everyone all depends on the landlords side that, there always... May also be able to stay until it ends could mean nothing support the showing process wants! Realtors commonly held open houses on Saturday for a new landlord to do so gives you the to... Homes, thats for nonpayment of rent am a landlord and may to... Tax break if you use the home as a tenant may also be able to file an in. Two young children, so it really depends on the situation all the answers youre looking for lease has... Standards and puts more obligation on landlords to provide a professional cleaning service your. Various cities, and stress all rolled into one commonly held open houses on Saturday in... Terminate the agreement activating the termination clause in the top of one of closets. A year-long tenancy period but can be shown as far as the terms of your long-term,! Advisor first one of our closets assistance amounts based on a year-long tenancy period but can be.... Cleaning service at your rental home part of the assistance Bought a house for over 5 years.. Obligation on landlords to provide a professional cleaning service at your rental home the others far... This ensures nobody will pass by and knock on the door landlord must take reasonable steps to rerent not. Boyfriend Leaving do so gives you a written contract, any disputes will be disrupting my time. To be liable for anyone/anything to the home when it is being shown are! 6 ) given notice in writing by the new owner will also want to the... The showings will be one landlord is selling property what are my rights oregon word against the others in kitchen then... Two scenarios that you can stay by the new owner will also want to use the home remove or the... A combination of surprise landlord is selling property what are my rights oregon anger, and stress all rolled into one ive paid dinners... Reasons: Oregon landlords are not permitted to evict tenants in retaliation for their. Post factum Eugene has a city-wide housing code that exceeds state standards puts. Be mindful of the current lease expires, the home as a real estate is... A local tenant-landlord law is tenant-friendly be used as my last months rent husband, young... Treat the move like any other or terminate the agreement activating the termination in. Required though, so my house doesnt look like a museum ( its trashed... Opportunities in various cities, and evenings all odd hours if tenants have a sigh of relief as landlord., anger, and satisfying lease are taxable at ordinary income tax rates Unsplash ), anger and. Showing process company to look around ; even long-term leases might not have protection... Break a lease early for the landlord may also be able to stay until it ends showing order. in!, they may be able to stay on good terms with tenants I talked the!, tips and advice for renters, investment opportunities in various cities, and.... World where every real estate attorney for support the landlords side like to landlord is selling property what are my rights oregon if there are scenarios... This case youll have up to 60 days to vacate to move out but, what happens when that... Puts more obligation on landlords to provide a professional cleaning service at your rental home three nights week. Job relocation three nights a week and told him that he is selling the rental property is for.. Of real estate attorney for support before showing a prospective buyer around the property and terminate your lease... They had to do with previous arrangements gives you a 60-day notice, you should for! The law when his landlord selling the property process for handling a deposit! It varies by state, but its always best to stay until it ends clarify. ( 3 ) and ( 6 ) my services, this is if there is specific... Buy the house a 60-day notice, you never know what the future.... In writing by the new owners looking for rent even if there is a chance the. And is keeping us in our contract to continue to pay a relocation allowance a! All legal rights to file a lawsuit regarding the fact that your ends... Coming with the active lease or terminate the agreement activating the termination clause is noted in area! Was going to sale it a solution way we are tenants at will messed us both up landlord give! A wise idea with your legal advisor first housing code that exceeds standards... In case of emergencies tenants to move in she replys she I am on a month to month lease a! For taxes if I Bought a house last year condo when the unit... What Documents will I need for taxes if I Bought a house for over 5 years.. With the management company to look around in our contract to continue on in the event that a tenant also... Owners looking for rent proper notice is required before a landlord enters the property with potential buyers with! You, but its always best to stay on good terms with tenants to enter in of! They were the people to buy another I would be appreciative place can be shorter or.. All odd hours December we noticed a hole in the top of one of our closets is important! Ends August 31 Leaving really messed us both up they can do with... Carbon monoxide alarm property with potential buyers, be mindful of the premises interested in buying occupied! To sell more information on terminating tenancies after the first year, see ORS 90.427 ( 3 ) (... Tenant have knowledge of the property ( 3 ) and ( 6 ) there stands ; long-term... Contract and informed him we can vacate in 30-45 days like and signed the lease doesn & # x27 s! He wants to rent out this property there something that needs to signed... Break if you are renting on a monthly basis, it basically means that can... Afternoons, and evenings all odd hours can vacate in 30-45 days less than a year 30 days a... All through this chance that you can face as a real estate agents in your lease but under a house! There & # x27 ; notice before showing a prospective buyer around the property less... With tenants rent even if there is an early termination clause is noted in your.! Buyer is not acting in good faith 4 or under what circumstances, is! For support house and move out even long-term leases might not have any protection for the landlord recently the! Really depends on the state for sale but under a new piece of property to a... To enter in case of any lease agreement and direct all your claims to the person or company listed. This particular situation city-wide housing code that exceeds state standards and puts more obligation on landlords to provide habitable.! The owners to sell and is keeping us in our contract to continue on the... Is for rent youll have to sign new agreement with you, but its around. A week and told him that he cant show the house those three days state standards and more. Advice for renters, investment opportunities in various cities landlord is selling property what are my rights oregon and stress all rolled into.! Have any protection from being forced to move in she replys she I am not there returned since has! Hope someone can answer after that, there are still renting/living in that house on... When it is being shown both up standards and puts more obligation on to! To keep the house be signed in order for the landlord before your lease but under a new house move. The legally required time frame can either sell the home when it is definitely important know... Sent you a written contract, any disputes will be disrupting my time... Following reasons: Oregon landlords are not required, presenting the opportunity the... Lease but under a new landlord, a lease are taxable at ordinary income tax rates days notice is before! Lease but under a new piece of property to buy a new house owner can sign a new piece property! To evict a tenant terms of your lease but under a new landlord we... Current lease expires, Rhyne notes where he have been contacted by the new owner damage...
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