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My landlord is putting her house for sale.. I still have 4 months left on lease. What are my rights?

I still have 4 months left on my lease and the landlord is putting her house on the market. I was just wondering what my rights were. The realtor is talking about the house having to be available to show 7 days a week when they first told me that I can pick certain days. Then he told me I would have to leave the house when it was being shown. This is all very intrusive and I feel like my privacy is being invaded. I'm to the point where I just want to break my lease and be as difficult as I can. If I were to break my lease It would not be okay so how is it right for her to break it? I would not get my deposit back if so but she said that if they broke it they would help me in anyway they could. But who is to say that they will?

On my lease it says:
Sale of Property: In the event the Landlords accepts an offer to purchase the building of which premises is a part, landlords may, upon 30 days advance written notice to tenant, terminate this rental agreement. BUT she wrote N/A through it! 
Please help!!!


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August 13 2013 - Rio Rancho
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Answers (5)

Profile picture for user2978699
Thank you all for your responses! I've been living in this house for 3 years and had no idea she was wanting to sell or do a "short sale" for that matter. It's all a bit too much for my liking and with 2 children just starting school I'm becoming a little stressed out and upset. I'm going to do more research and continue to look into everything a little further. I really think the house will sell fast and I have a feeling whom ever buys it is not going to want to wait till Jan to move in. I'd be willing to bet she would rather sell the house then honor the lease and help me out. I'm not really in a situation to be able to hire an attorney but I am going to ask for everything in writing to try and save my families rear..
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August 13 2013
You can't be asked or made to leave and you have something called Quiet Enjoyment. Do a Google Search about it and learn your rights. Speak with the Realtor and be civil and cooperative, you will get along better that way. Ask to have some notice and only on some days during daylight hours, etc. good luck.

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August 13 2013
You will need to read the entire lease thoroughly to see if it says anything about the Landlord marketing the property during your lease. 
In my experience, the lease often does not address if you must leave the property during showings.  Also, the lease often states that you must be given 24 hours notice prior to any showing.

I would not advise you to break your lease.  The Landlord would have the right to keep your deposit money and possibly sue you for rents that would be due and report you to the credit bureau, etc.
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August 13 2013
Profile picture for wetdawgs
Being in a property for sale is incredibly inconvenient, I sympathize.

Your rights in most states:

The landlord is not breaking your lease by putting the property up for sale unless it says in the lease that it will not go on the market during the lease period.

They have to give you the notice required by law for non-emergency access.  This tends to be 24 to 48 h depending on the state.  Hold firm on this.    You can set hours such as 9 am to 8 pm. 

Your lease still is four months.  If they purchase before then, your lease is still in effect.   If they wrote "N/A" through the 30 d notice, then the lease holds.

You do not have to be out of your home for showings.

You do not have to pick up or otherwise prepare for showings.  However, it would be prudent to lock away your diamond tiara and other such easily pocketable items of monetary or emotional value.

While you should have renter's insurance, ask your landlord what insurance they have to protect you  related to pilfering during showings.

Breaking your lease is likely to result in you owing the rest of the rent through the lease  period and losing your deposit.   This would also give you a bad reference when you look to rent in the future.

Some landlords give renters a financial incentive to be cooperative, such as reduction  in rent of a specific amount per showing and per open house.







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August 13 2013
If she wrote N/A through you, that clause will not apply.  Review what your states Tenant Landlord act states and typically they have to provide you 24 hour notice upon entry.  

If it gets ugly, just hire an attorney.  
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August 13 2013
 
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