landlord tenant in ny question: Can a landlord show a house to a prospective buyer if there are tenants still residing occupying the house? I have over a month left on lease or until at least June. Also, have pets dogs, etc.. The pets need to be away in room and or restrained because of barking etc..If landlord is allowed, can they be required only when I am home, available on an agreed date? Ty..
Dear Mt. Vernon Tenant:
Your landlord's rights to enter your home to show to a prospective purchaser is controlled by a special condition in the lease. Look for the paragraph that describes the landlord's right of entry. Usually, this lease clause requires at least 24 hours advance notice. Often, this clause allows for entry on advance notice to make a repair and an inspection. Sometimes, the clause allows allows for entry by landlord, or agents, or workers or brokers, and so on. This right of access may include for purpose of showing house to a prospective purchaser, or may not.
If the landlord used a form of lease that did not secure the right to enter on notice to show the house, then it would seem the home owner must negotiate with you for suitable times to show the house and secure your pets, or he cannot get in until you move out.
If the landlord is allowed the right to enter with notice, with a purchaser, and the landlord asks for a time or you receive a request to let him in, then negotiate a time when you are willing to be home and will be able to secure your pets.
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This is completely controlled by your lease. In these small house rentals, I have seen a lot of leases that are bare bones and fail to mention any such right for the landlord at all. If that is the case, your landlord has no right to show the house. However, if the landlord is using any of the commercially available leases (like the one I wrote, for example), the landlord has such a right.
The answers to your the questions concerning when and under what circumstances can the house and your apartment be shown to prospective purchasers and/or renters should be contained within the lease agreement. Please read your lease agreement carefully. If you do not understand your lease agreement, or if you do not see any such provisions and/or you are unable work out some reasonable agreement with your landlord then you should immediately contact a lawyer. Please note that a landlord does not usually have to wait until the apartment is vacant before selling the property. Often houses and apartment buildings are sold with Tenants occupying the premises. Good luck!
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I believe the landlord has a right to show the property and reasonably enter for certain purposes, even in the absence of an express lease term. To permit a tenant to prevent the showing and selling of a property is not legally realistic. A landlord can sell the property at will. The landlord can sell the property as a rental, because if the tenant stays after the sale, the new landlord now is the landlord for the rental. If the tenant leaves, it is still a legal rental property. Access to the premises is a big area of dispute. But I would not expect a judge to preclude access for reasonable showings in the absence of an express agreement that precludes it. I personally went to showings at houses where the landlord and tenant went to court over the issue of showings--so I know the landlords got showing rights as a result. I know of other properties where the landlords had to wait for more showings because they already "used up" the reasonable number of showings.
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