break a lease (Daytona Beach: for sale, rental, month-to-month)

[RodriguezC]

Does anyone know if you can break your lease if the house you are renting in the Daytona Beach area is put up for sale?

[doogie88]

I would guess no, but I would also bet it would state it in the lease if the house goes on the market what happens.

[rholborn]

do you have a copy of your rental contract? usually once a house is bought, and they would like you to move out, they can legally give you 15 days notice. i would read over the contract and see what's in it, because they're all different. i'm sorry about the house going up for sale!

[RodriguezC]

thank you both

[GregTraub]

Yup, check your rental agreement to see if there is a clause that deals with this situation.

If there is no clause, the fact that the house is up for sale doesn't change any of the obligations of you or the landlord. In Florida however, if the sale occurs the new landlord must also abide by the terms of the contract and cannot "kick you out" unless done so per the terms of the contract.

You, in all likelyhood, cannot break the lease. If you want to, I would simply ask the landlord if they would like you to leave or not. It is very hard trying to co-ordinate showings with a tenant occupied home and could hinder the sellers ability to sell. If you wanted to be trouble you could make it very hard for them to show the home and then I'm sure the landlord would allow you to break the lease.

Again, check your contract for provisions that pertain to this situation!

*This is not legal advice and it is always reccomended that you consult a licensed attorney.

[Prichard]

GregTraub is excactly right. Most long term residential leases do not usually contain a clause that gives the landlord the right to terminate the lease on sale. This would be somewhat unusual, but certainly possible.

Here's what you need to be aware of:

1) Is your lease for a term more than simply month to month - some written leases are a little tricky in that they will be perpetual month-to-month leases, terminable by either party with some amount of notice.

2) Has your lease expired past its original term - if so, then you may automatically be on a month-to-month lease without knowing it. In other words, you may be given 15 days notice to GET OUT.

3) Like GregTraub mentioned, look for a clause that permits the Landlord to terminate it, not for cause, but just upon giveing some specified amount of notice.