Can I get out of a lease if my landlords put our house up for sale?

Question

We have lived in our house for approx. 4 1/2 months and our real estate company just put a for sale sign in the yard out of nowhere. Now they have a lock box on our house and that means strangers in and out showing the house. They also want to cut all our trees and bushes down and want to publish picture of the interior of the house (i.e. all of our stuff!). I hate this house, I hate the neighborhood and now with this I am really miserable. Do you think there is anyway I can get out of my lease without a nasty process? Is there some kind of law relating to this.

P.S. I live in Florida if anyone is familiar with these laws.

Thanks so much for any advice!!

Answer 1

The best way to get out of it is to look over your lease (if you have one) and check to see if there is any clause which includes right of the lessee (you) and your ability to terminate your lease if the property is sold. Most of the time the owner will allow you to move out when the house is on the market, but if not then you have the right to refuse pictures of your belongs for your rented rooms. You can contact your local real estate agent and ask them (it should be free for this form of advice).
In most states you can break the lease, but if not then you can refuse the pictures of your personal belongs showing up on the internet. If they still want to take the pictures and won't budge, check over the the right to habitability that protects all renters and their rights. Hope this helps

Answer 2

Just because they placed a lock box on the house does not mean they can just come in any time they want, any real estate agent must give reasonable notice before entering the unit which means 24 notice

I would place the main company on notice that since they have allowed a lock box on the house, they will be held liable for any agent that does not follow Florida statute and give reasonable notice before entering the house to show

Also under case law, for non-emergency situation, like a showing it’s during normal business hours not weekends

so hold them to state statute, if an agent shows up without 24 notice tell them sorry but not at this time, reminder them 24 notice is required and good bye, if it is a problem and you find one in the house without notice call the police it is trespassing

On the trees issue not much you can do

On the pictures, first I would ensure that they do not included in the pictures any of your belongings, that are owned by you, private, you are not part of the sales agreement, plus I bet your lease say nothing about it, as such you can refuse to have pictures taken of your personal stuff, do not allow it, for a thief can look on line and case the place threw the web and their pictures

on breaking the lease read the lease see if you have an out clause, if not hold the real estate agent to a T, on the state statute of showing make it very hard, require 24 notice, do not allow open houses, leave boxes out make room look clutter un pleasant to show, I am sure you get the idea

Answer 3

A rented property being listed for sale is not a valid reason to terminate your lease. Certainly, showing agents need to show respect and attempt to schedule showings at a convenient time. However,under Florida statutes, only a twelve hour advance notice is required (Fl. St. 83-53 [1][2]).

The trees and bushes aren't yours. Those are the property of the landlord, and he/she can do as he/she wishes with them, even if the property is NOT for sale. You certainly have the right to remove from view any personal items which might show up in the interior pictures to be posted on the internet, but it's going to be your responsibility to hide those before the pictures are taken.

Answer 4

1 - have you asked them if they will let you out of your lease?

2 - check the lease - it should have a clause relating to their right to show the home "during reasonable hours". I find it hard to believe that they have the right to use a lock-box but they might.

3 - ask an attorney or the local association of Realtors.

4 - I feel that the pictures are totally unnecessary for marketing and you ought to stand firm on that one.

Good luck

Answer 5

It doesn't matter where you live, what matters is what is in your written lease agreement. Read it and see what is says. You may have some tenants rights in the lease, but generally the landlord can sell the property and show the property at times that are convenient to you. I would call the realtor and tell them to remove the lockbox or you will remove it yourself.

Answer 6

you need to read your lease, most likely it says the landlord can put a sign in yard and sell property at anytime, however this does not mean it lets you out of your lease unless the current landlord says you can and any future landlord agrees. i would talk with landlord to see most likely not, why would he, he has a paying his mortgage while trying to sell, check with you local apartments association (tenants rights)