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My landlord did not give proper notice of intent to sell the property I lease. What are my rights?

Floral City, FL |

Landlord gave oral notice of intent to sell 2 weeks before listing the property i am leasing.
The lease says written notice 45 days prior to when the lease ends--i should have received written notice in February. It was May when she gave me an oral notice.

I have never received a written notice. The property is now for sale and the landlord says no one can be in the home when the Realtor shows the property. The landlord also said, she will try to give reasonable notice to view the property but can't guarantee it.

What are my rights and isn't this illegal?

Attorney Answers 3

Posted

If the landlord doesn't give reasonable notice, then you don't have to comply and let the house be shown. You should let the house be shown if she gives at least 12 hours' notice.

You can be present when the house is shown, unless the lease states otherwise.

I think the 45 days was meant to mean that the owner can show the house during the last 45 days of the lease, but since I don't have the lease in front of me, this is just a guess.
The lease was not meant to make the landlord wait to show the house until the lease is over. The landlord may not have decided to sell the house until after February. difficult to say without more facts.

Good luck!

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4 comments

Asker

Posted

Thank you. My lease state this: "Display of signs: During the last 45 days of this lease, lessor or their agent shall have the privilege of displaying the usual 'For Sale' or 'For Rent' signs on the demised premises and of showing the property to prospective purchasers or tenants." The landlord has posted a sign and is actively advertising 8 mos early.

Asker

Posted

8 mos prior to the 45 days.

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

in that case, I would think that you would have the argument that you can refuse the showings. See a local landlord tenant lawyer or real estate attorney to have a consultation in which they read the lease.

Asker

Posted

Thank you.

Posted

While the law says that the landlord has the right to show the property for sale, he must give reasonable notice of at least 12 hours. Also, the landlord CANNOT demand that you leave your own house so he can show it. That is why you are paying to lease it.

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Landlord/Tenant, Appellate and Criminal Defense. Robert Devin, Esq. (954) 647-5927, 200 SE 6th St., Suite 603, Ft. Lauderdale, FL 33301 robert@devinlawfirm.net

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Asker

Posted

Thank you. But what about the part where the landlord did not comply with the lease agreement? It says 45 days prior to the end of the lease they can start to sell the house. My landlord started 8 mos early and did not offer a written notice--so now I have to live 8 mos of accommodating a Realtor?

Posted

He has the right to show the property to prospective buyers. He cannot require you to leave the property while he is doing the "showing" . He needs to give you a 12 hour notice before he can show the house. He may also not use this right to harass or inconvenience you.

Consult and attorney and have him read the lease agreement.

"This answer should not be considered legal advice. Each case is different. An a formal consultation would be need it before an specific answer can be given"

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