Breaking lease now that landlord is selling home  


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My wife and I are living with our 3 kids in a home where we signed a two year lease. When we entered into the lease, the landlord stated that they would like to rent it to us for a long term. Up to five years or more and that they really had no intentions to sell. Now, with 10 months left in our lease, they are using a govt. program, that allows them to short sell the property at the current market value. They live in North Carolina and we are in California. So, we are being asked to show the home, keep the home 'show clean' at all times and go through all other irritating, disturbing infractions on our peaceful enjoyment of the property. We told them we would like to move out in 45 days, and have now gotten threats of legal action, and harrassing emails attacking our character from the real estate agent that they have hired to represent them. Do we have grounds for breaking the lease, or can they put into financial ruin? Please help

 
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The landlord does have the ability to enter the property or have a real estate agent enter the property to show it for sale. You should be provided with a proper pre-notification of the showings and the landlord should be communicating that to the real estate agent. Have you written a letter to the landlord to outline the issues you are having with the real estate agent? You should not be having to show the home to potential buyers yourself, but, you do need to allow the home to be shown by either the landlord or the landlord's representative with proper advance notification. The lease is a contract that all parties agreed to when it was signed. Breaking your lease is not an option that the landlord may allow. If the landlord does not agree to allow you to break the lease agreement before the termination date in the contract (lease), you will be responsible for the legal ramifications of breaking the lease before it expires. Any agreement made outside of the terms of the lease agreement (such as a change in the terms or an agreement to terminate the lease early...) should be provided in writing and signed/dated by all parties. If you have questions, consult an experienced landlord tenant attorney for help and advice. I hope you are able to work things out with the landlord.

 
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Is the matter solved now? It is always preferable to contact an attorney and experienced real estate agent to help you deal with the problem. Our friend and his family also faced the same issue and on some ones recommendation they decided to consult with the expert commercial real estate broker NJ and lawyer so that they can find a way to deal with this problem.

 
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Nice tip!

 
  
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