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We recently relocated and rental property is extremely rare. We finally found a place that had been fer sale 7 months. The owner was moving to Texas and signed a 1 year lease with us. He stated that we should take the realty company sign out of the yard and the company would pick it up. We are settling in and I get a call from the realtor wanting to come over and "show" the house. I told her she couldn't that we just signed a 1 year lease and after all we had been through I wasn't moving. She said that he was in a contract to sell until March. I told her I would speak to the owner. Well before I could he e-mails and says that the realtor explained to him that he is in a contract and must abide by it. He said he feels bad and we can buy the house but something needs to be arranged for showing the house. I want to tell him to stick it! Do I have to show the house? What are my rights? I know that he is thinking he might have a buyer so we don't matter even though we have 3 children in school. Why can't he tell the realtor sorry but it is rented?
I don't know what rights you have legally, but I was in a similar situation a few years ago. The new owners let me and my room mates stay until the end of our lease (and, I am sure that the new owners were happy to collect our rent checks, too).
If the owner is contracted to allow the realtor to sell, he may be obligated to sell, and you must allow the house to be shown. However, you have a lease, which is also a contract. The new owner must accept the terms of the contract as it would convey with the house. The only way out of a contract is with an amendment to that contract, in writing. Contracts are legally binding. Landlord/tenant and owner/realtor. Most buyers would avoid a contact dispute or a disgruntled tenant, but your contract gives you the right to stay there. Prepare to move the day it's expired though. And, get a walk-through inspection with a licensed inspector before moving.
Does it matter that my lease with the owner does NOT mention the house being on the market or being shown?
No... two different things.
Rental Property changes hands all the time. With large complexes the residents are often not aware.
My state allows the showing of the property with proper advance notice as stipulated in State Law for the purpose of sale.
I wouldn't worry about it. As long as the lease you signed is silent about termination in the event of sale... the place is yours as long as you abide by the terms of the lease... at least that is the way it works in my State.
There is nothing to prevent you, if you desire to negotiate terms for early move-out... here it is often called "Cash for Keys"
Just don't do anything that can be construed as grounds for eviction... such as denying the Realtor access with proper notice and such.
Realty Contracts I've seen say the Realtor has earned his/her commission when he provides someone ready, able and willing to buy on the terms specified in the listing agreement. So.. if the realtor is able to find a buyer, chances are a commission is due from the owner.
You dont own the house and he entered into a legal binding contract with the realtor that amkes your contract null and void. He basically screwed you. I would go after him for the cost of moving.
Her lease is not null. The owner can sell the house, but unless her lease says something specific about it being terminated in the event of a sale, her lease and its terms follow through to the new owner. Any prospective buyer will have to know that the property is leased until Sept. 2009 (or whatever your lease says) and they have to abide by the terms or make a deal with you that's acceptable to both parties like ultrarunner said: cash for keys
That being said, check state laws for specifics, but you have to allow the house to be shown.
The house I live in just sold. The rental agreement was a "handshake" agreement. I understood that the house was for sale when I rented it. It sold two weeks ago. The landlord and realtor gave me the normal 30 days which is fine, I had no problem finding another house to rent. The problem is with the new owners of the house. Less than a week after they looked at the house and before the house was even in their name, they showed up at my door, unannounced, wanting me to move my stuff from the shed so that they could put some of their stuff there. They also wanted me to move my tack from the tack room of the barn so that they could put their saddles there. Then, to add insult to injury, the husband insisted that I sell him my hay in the hayshed of the barn because it is already there. After telling him no three or four times, he said, "well, I will just ask your husband" the nerve!!! He then informed me that he would be bringing two colts up to put in the corral. I have a miniature stallion already in the corral (my other horses are at pasture) When I told him that we have until the end of the month and he could bring his horses after we are out, he said he had no choice but to bring them here. Rude rude rude people. I called the realtor and she said she would call him and tell him to "keep away" and give us time to move out or he could get into trouble and that he could potentially screw up the buy/sell agreement. We actually could be out two weeks early but just to get our jab in, we are waiting until the very last day now because the new owners want to move in before the snow falls. Oops, too late for that now ha ha
They want to move in early and it should cost them...
Almost sounds like constructive eviction.
I'm not a lawyer, but it seems they acknowledge your tenancy by giving you a 30 day notice... now they need to cease and desist with bringing their personal belongings over and asking you to remove your items.
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