selling the property and would like us to cooperate fully with the realtor, showing the house, open houses, etc. I am not comfortable with this and told her so. I also asked to be released from our lease, to which she has not replied. Is there a way I can terminate my lease and still get my deposit back?? We made a large deposit that I do not want to lose. Thanks.
2007-02-07 10:43:43 · 7 answers · asked by Smilingcheek 4 in Business & Finance ➔ Renting & Real Estate
Get over yourself. You are required to cooperate.
A good landlord should limit it to one, maybe two, open houses, ever. They should make every effort to set one or two blocks of time each week where they arrange all showings, so you're not interrupted or invaded at all different times.
You have every right to be present in the unit when others are there, if you want. Some people would want to, some wouldn't.
But you can't stop her from marketing the house, and you have no legal right to terminate the lease. Keep it up and you'll probably lose your deposit.
Sorry, I know that's not the answer you want, but that's the reality of it. Only if she allows you to terminate your lease can you get out of it.
2007-02-07 10:55:14 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You cannot unilaterally terminate the lease. If the owner is selling the property as a rental then your lease has value to her and she probably will not agree to terminate the lease. The lease is valid until the term is up even if the house is sold and the new owners would benefit from it.
If she is selling it to buyers that will occupy the home then it would be easier to sell it without you there. That's your leverage for getting out of the lease.
The owner does have the right to show the property at any reasonable time as long as she gives you the proper notice. However, you can certainly be there to point out to the prospective buyer all the problems with the house. After you do that a few times the owner may make you an offer to break the lease. I have seen this happen on several occasions.
Good Luck
2007-02-07 11:16:29 · answer #2 · answered by Michael J 2 · 0⤊ 0⤋
These don't sound like legitimate reasons to move, other than possibly the drugs activity, and you would need to prove that. You could have called code enforcement if there are 4 boys in a 1 br unit and probably rectified that situation. If code can't do anything, how is the landlord supposed to? I've had that problem as a landlord and you can't stop people from having friends over. it sucks, but that's what you get when you love in any multi family building. there is always someone that is causing someone else grief. And yes, you could get stuck for all the remaining 9 months rent, but only if the landlord tries to rent the apartment and can't. Chances are he'll just keep your security deposit and find someone else. Court is such a hassle most slumlords like yours don't bother. So, just move and take your chances, and tell him why....and gather all the proof you can to prove the place is not habitable...Take pictures!
2016-05-24 04:33:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It does not seem that she knows that the new owners would inherit your lease upon the sale. You do not have to move when it sells, as the lease is a binding contract. It would be in her best interest to cooperate with you and let you out of the lease. She has a right to show the place with whatever notice is legal in your city, usually 24-48 hours.
Maybe you should check with an attorney on that question.
2007-02-07 10:55:08 · answer #4 · answered by marie 7 · 1⤊ 0⤋
Read your lease to see if she can show the property while you're in it and under what circumstances. If it's not spelled out that she can, she can't. Just say no. Don't move, don't agree to keep the house showable at all times, and don't agree to open houses.
(Realtors will tell you open houses don't sell houses anyway. They put your possessions and even safety at risk and are of marginal if any value for marketing.)
The person to whom she sells must, as others have noted here, accept your lease with the sale. Is your property even rentable at the new sales price's mortgage? If not, she's just trying to get you to go along with her needs out of ignorance.
2007-02-07 11:14:44 · answer #5 · answered by cassandra 6 · 0⤊ 0⤋
Your landlord is breaking the lease. Read it over carefully, and if necessary, ask an attorney for advice. You have the upper hand if she is the one who wants to back out. Perhaps you can get some rent-free time to find a new place while allowing open houses, etc. Stand up for your rights, and don't be afraid to take her to court if she is unreasonable.
2007-02-07 10:54:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
a lease is the same as a contract,stick to your guns,they can't force you to do anything.make sure you get things in writing before agreeing to anything like refunds and such
2007-02-07 11:00:33 · answer #7 · answered by TOM 5 · 0⤊ 0⤋