My landlord out the house we are renting up for sale and we just signed a 1 yr lease the 1st on June 2010.?
They are putting a lock box on the door for the realestate company to show the house and want us the leave when they show it. Can she do this to us?
Michelle, they cannot put a lock box on your door, as that is a dead give-away that the house is for sale and may be vacant. It also gives you no knowledge of who or when someone enters your home when you are not at home, with the key in that box. That puts you at a greater risk for break-ins and burglaries. Even long-term commercial leases specify that a landlord can only put a for sale/lease sign on the property in the last few months of the lease (number of months specified in lease) after either you or your landlord have indicated that the lease will not be renewed.
The landlord has no right to simply give you 24 hour notice to show the house to prospective buyers, unless such right is specified in the lease and I have never seen that. Most residential leases (about 95%) are prepared on standard forms written by lawyers for the state or national associations of Realtors or that of Professional Publishing Corp. (check in a top corner or at the bottom of the page, especially the last page of the lease for any copyright) and none that I know of or have seen had and any such ornery provision.
The landlord or his agent have the right to enter when you requested a repair to be made at the dwelling, or in case of a bona-fide emergency when you are not at home. The landlord or his agent have the right to periodic inspections, say once or at most twice a year. The courts in the past have held that routine quarterly or more frequent inspections are unreasonable and unenforceable. So, you can agree with your landlord to allow an agent to show the house, but then you can also ask for a rent concession for that agreement because of the burdens imposed on you.
Your landlord can sell the home you have leased, but he can sell only a LEASED FEE estate and not grant a buyer FEE SIMPLE title. This sale will not affect or modify your rights under your lease, but you simply will get a new and substituted landlord. No paperwork is necessary for that, but the new owner has to advise you on where to send the rent check.
October 21st, 2010 at 6:00 pm
well u sign it to stay there for a year, so if they tell you that you have to leave then tell them they should pay for your move…read the lease and see if there is a section in there about the renter breaking the lease
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October 21st, 2010 at 6:35 pm
yes they can
however I’d tell them that if they want to show the place they can just do it while I’m there.
Also if it sells you can be evicted and given only a 30 day notice to vacate the apartment or be forced into a new lease agreement.
None of this is a good thing for you.
I’d be looking for a new place.
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October 21st, 2010 at 6:54 pm
First things first- the current or future landlord can NOT force you to leave before your lease is up unless you break some provision of it, and even then they have to go through the proper eviction process. I am in Ohio but would think that this is in all states- the landlord must give you prior notice (usually 24 hours) to enter your home except in an emergency. They can’t require you to leave when the house is being shown, but it might be polite to step outside at least. Remember that any potential buyer may be your future landlord and it certainly can’t hurt to get the relationship off on the right foot! I am not a lawyer but have been a landlord for over 20 years and have taken several landlord-tenant law courses.
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October 21st, 2010 at 7:05 pm
Michelle, they cannot put a lock box on your door, as that is a dead give-away that the house is for sale and may be vacant. It also gives you no knowledge of who or when someone enters your home when you are not at home, with the key in that box. That puts you at a greater risk for break-ins and burglaries. Even long-term commercial leases specify that a landlord can only put a for sale/lease sign on the property in the last few months of the lease (number of months specified in lease) after either you or your landlord have indicated that the lease will not be renewed.
The landlord has no right to simply give you 24 hour notice to show the house to prospective buyers, unless such right is specified in the lease and I have never seen that. Most residential leases (about 95%) are prepared on standard forms written by lawyers for the state or national associations of Realtors or that of Professional Publishing Corp. (check in a top corner or at the bottom of the page, especially the last page of the lease for any copyright) and none that I know of or have seen had and any such ornery provision.
The landlord or his agent have the right to enter when you requested a repair to be made at the dwelling, or in case of a bona-fide emergency when you are not at home. The landlord or his agent have the right to periodic inspections, say once or at most twice a year. The courts in the past have held that routine quarterly or more frequent inspections are unreasonable and unenforceable. So, you can agree with your landlord to allow an agent to show the house, but then you can also ask for a rent concession for that agreement because of the burdens imposed on you.
Your landlord can sell the home you have leased, but he can sell only a LEASED FEE estate and not grant a buyer FEE SIMPLE title. This sale will not affect or modify your rights under your lease, but you simply will get a new and substituted landlord. No paperwork is necessary for that, but the new owner has to advise you on where to send the rent check.
References :