Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
We have 10 months left in our lease and the landlord wants to list the property for sale (we do not want to buy it). I am going to be on maternity leave during the time he wants it listed and I don't want to deal with having the property shown. Below is the Access to Premise section, which states in b. it can be shown for sale 90 days prior to lease end, but then c. states can be shown at any time within the lease.
So can it be shown 90 days prior to lease end or anytime during the lease? TIA!
"In addition, Landlord may (a) place a "For Sale" or "For Rent" sign upon the Premises and a REALTOR® Lockbox/Keysafe; (b) upon reasonable notification to Tenant and at reasonable times, to show the Premises to prospective purchasers 90 days prior to the end of Lease Term or to prospective tenants 60 days prior to the end of Lease Term; and (c) upon reasonable notification to Tenant and at reasonable times show property to prospective purchasers at any time within Lease Term by appointment. Buyer agents and tenant agents are authorized to show the Premises under this section. Tenant will remove or secure any pet(s) on the Premises when property is to be shown or when repairs are scheduled."
See the word and there before (c). Plain English he has the option to all 3 individually if he likes. Be prepared to be given a cash for keys offer since you know it is being sold you may make out with some money in your pocket.
See the word and there before (c). Plain English he has the option to all 3 individually if he likes. Be prepared to be given a cash for keys offer since you know it is being sold you may make out with some money in your pocket.
Hi what is cash for keys offer? We still have 10mo left ($2k) per month what is a reasonable negotiation/offer if he wants us out?
Hi what is cash for keys offer? We still have 10mo left ($2k) per month what is a reasonable negotiation/offer if he wants us out?
I would go with whatever the penalties listed on the lease if the lease was to be broken. The LL is the one breaking the lease not you. He should be penalized for breaking it too. I know he would have no problem penalizing you if you broke it. So if the penalty is one or two months rent I would ask for that. Then your security deposit to be returned if you have no charges for damages.
I think you might be making too much out of this - if the landlord is putting the place on the market, it'll be "subject to" your lease - so any buyer will be an investor who prolly wants to keep you as a tenant (and not make you mad/start a war) - investment properties are often listed with "don't disturb the tenants" right in the listing - and, showings are extremely limited - usually only to serious, qualified buyers. It's not the typical "call from the driveway & ask to see the place now" routine - as the tenant, you can say no to that kind of thing.
I think you're correct that the showing terms in the lease are conflicting & quite often, conflicting lease terms would be interpreted by a court in favor of the tenant - so you might not have any obligation to show the property for another 7 months.. But again, a failure to agree to a "reasonable" request to show the property might not go in your favor. There may be another section of the lease allowing "property inspections" with xx hours/days of notice & you wouldn't be able to object to that. And, you'ld be declaring war. Do you want to go to war?
If it is a retail buyer, your landlord will need to make it worth your while to move early - I'd expect a couple month's rent + whatever it costs to hire a pro-crew to set you up somewhere else - maybe $5-$6k? You don't have to agree to anything, so it should be compelling.
If it's sold to another landlord, you'ld be entitled to nothing but the fulfillment of the lease as previously agreed.
I would go with whatever the penalties listed on the lease if the lease was to be broken. The LL is the one breaking the lease not you. He should be penalized for breaking it too. I know he would have no problem penalizing you if you broke it. So if the penalty is one or two months rent I would ask for that. Then your security deposit to be returned if you have no charges for damages.
He is by no means breaking the lease in any way. An owner has the right to sell his property if he chooses to do so and in my state (I imagine all others) a sale is subject to an existing lease. A tenant can be " bought out " if they agree to vacate with some compensation but no one can force them to leave.
Yes it can be shown for sale, but the new owner would have to honor your lease for the rest of it's duration.
Your lease seems to be contradictory, in that case I would think you can use the clause in your favor so tell them, they have to wait 90 days until your lease is up.
He is by no means breaking the lease in any way. An owner has the right to sell his property if he chooses to do so and in my state (I imagine all others) a sale is subject to an existing lease. A tenant can be " bought out " if they agree to vacate with some compensation but no one can force them to leave.
Yeah I know all that, but if he wants them to move out because the new owners are looking to occupy, that's breaking the lease. If tenant bought a house and they broke the lease by moving out early the LL would expect compensation as stated in the lease. I don't think it's too much to ask for the same stated amount of early termination to be the buy out price if he asked me to leave earlier.
But if he's simply selling to another and not asking for tenants to move then no you just keep paying your lease. No harm no foul.
Hi thanks for your responses. The LL has expressed that the lease would continued to be honored if it were sold. My issue at the moment is that I will be home full time on maternity leave with a newborn and it's distressing to have strangers come in and view the house.
Also, he wants to sell it to us first. There are some reservations about the house (leaky roof, basement flood) and think the asking price is too high.
It wouldn't be a huge issue if it wasn't during this time, but he chose to list during my maternity dates (which I informed him). I was thinking of proposing that the place can be shown on Weds and Sat from 12pm-2pm, and appointments made 24 hours in advanced. Do you think that is reasonable? If he doesn't agree, what recourse would I have? I don't want strangers in my home 7 days a week w. a newborn esp. when we're paying full rent.
Also, does him selling the house automatically release me from my lease obligation? We are at a point that we're thinking of moving anyways bc this is making me stressed.
Yeah I know all that, but if he wants them to move out because the new owners are looking to occupy, that's breaking the lease. If tenant bought a house and they broke the lease by moving out early the LL would expect compensation as stated in the lease. I don't think it's too much to ask for the same stated amount of early termination to be the buy out price if he asked me to leave earlier.
But if he's simply selling to another and not asking for tenants to move then no you just keep paying your lease. No harm no foul.
False, by selling the property the landlord is not breaking anything. What the new owners want to do with the property is not his problem. This is all disclosed to the buyer before hand. The new owners will have to decide what to do with the lease they just bought. They have to follow their state's laws.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
