Landlord has put our rental house on the market, having problem with lease amendment. Please help!?
We entered a year lease on 7/15/11 and extended it by 6 months, meaning it expires 1/15/13. At the end of the lease we had intended to purchase the house, which the landlord knew. Unfortunately, we have changed our mind about purchasing the house for a number of reasons which are irrelevant to this question. We contacted the landlord in June, offering them the courtesy of letting them know as far in advance as possible that we couldn't purchase in case they wanted to sell the house and take advantage of the summer market. Obviously, this causes inconveniences for us in allowing showings and open houses, but we want to be fair to our landlord and give them every opportunity to sell the house since we backed out of purchasing. As a side note, we NEVER signed a purchase/sale contract with the landlord.
The house is now on the market, the landlord is not disclosing that it is tenant occupied, and will not amend our lease. We asked for an amendment to set a clear plan to vacate, end the lease, return the security deposit, etc. in the event they get a buyer. We have been told that they intend for us to stay in the house until it closes with the buyer so that they don't "miss out on any rent." Our concern with this is that we don't want tied to the buyer because we know closings are delayed or fall through every day. What if we put down our security deposit and rent on our new apartment and then their buyer falls through? Why should my family be responsible for rent at two locations so that my landlord doesn't have to make two mortgage payments?
They do not want to disclose to buyers that this is tenant occupied as they do not want to scare any buyers away, but this also means that the new buyers could essentially go into this contract an unknown landlords if we were to follow through on our lease.
I realize that we backed out of potentially purchasing, but I feel like we have tried hard to help the landlord by giving them the opportunity to market the home early, we could have just waited until the end of our lease and moved out. We are allowing daily showings, sometimes multiple per day, we have spruced up all the landscaping at our cost, etc. to make the home more appealing. But, I feel like we are getting screwed here without a lease amendment and being asked to be responsible for the home until it CLOSES, vs. until it goes PENDING.
As info, I am in Nebraska, and I have read my lease front to back and it doesn't talk much about selling the home except that 45 days prior to the end of the lease the landlord may put the home on the market, putting a sign in the yard, and tenant will agree to showings, etc.
Thanks for the reply. I realize that we are able to stay in our lease until January 15, 2013 and our lease would just carry over with the new buyer. However, the landlord is not willing to disclose to buyers that this is a tenant occupied property, nor that there is a lease in place. It doesn't seem right (nor legal maybe?) that a buyer would close and hear "SUPRISE! You're a landlord!" I realize this too is not my problem, but if I were a buyer I would be very upset, and who knows what kind of misery that may cause for my family if the buyer/new landlord decided to take out their frustration on us. Any thoughts?
- Kibble BitsLv 58 years agoFavorite Answer
Call the realtor and ask if he is telling potential buyers that the place is rented and has a lease.
- figment_usaLv 58 years ago
If I were in your situation, I would leave a big note on the kitchen table before showings that says that the property is tenant occupied and under lease until January 15, and leave a copy of the lease as proof. I would also call the listing agent and notify him and give him a copy of the lease. I'm not a real estate agent but I have purchased numerous properties and I know that realtors are legally required to disclose certain things, and knowing that a property is under lease and not available for immediate occupancy is likely one of those things. If the listing agent does not know or knows and doesn't disclose that the property is under lease, the listing agent could be sued or encounter licensing issues.
It also sounds like the owner has violated your lease as the expiration date is 1/15 so he should not have put it on the market until December 2. You could notify the landlord in writing that he is in violation of the lease and that due to this you are asking him to remove the home from the market until December 2, or the lease will be voided. (There are several things you have to do to void a lease so if you want to go this route do some research first.)
- A HunchLv 78 years ago
Your family is not responsible for paying rent at two locations. Your lease in in effect until Jan 15, 2013. The selling of the property has nothing to do with it except you pay a different landlord and the new landloard must abide by the terms of the existing lease. If the new landloard wants you out, they can ask you to move or offer you cash for keys.
Why would the current landloard want to amend your lease?
Add'l Info: What the landlord discloses to the new buyer is none of your concern and if he wants to committ fraud by not telling the new buyer that it is tenant occupied, that's his choice. it would also be very hard to pull off, since the landlord's address isn't even your address. The new owners can sue the previous owner... and I can't imagine how the new owner could take it out on you, but if they did, you can sue the new owner.
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- M WLv 78 years ago
If the property is sold the lease stays with the house. You are entitled to stay there and negotiate new terms with the buyer after closing.
Surely the listing agent knows the property is rented. He has a fiduciary responsibility to advise prospective buyers that there is a lease in place.
In case he doesn't know that, you might consider calling him and asking his advice on how you should handle your lease with a new buyer. Once he knows about it, he has to disclose it to buyers.
- 4 years ago
Generally, the sale of real property makes your rent null and void, except there are phrases for your rent that state or else. First, i'd suggest you get a duplicate of your lease and read it to peer if there's any clause or provision to permit you to stay a tenant in the occasion the property sells. Additionally, the legal professional common's place of business in Texas has a provider the place they will reply questions from consumers and that you may ask that precise question in regards to the laws and regulations in Texas. The hyperlink is below and you can do so online. Excellent good fortune.
- R PLv 78 years ago
First of all, thank you for being fair to your LL and advising him that you will not be purchasing the house. Very few tenants would do that.
That said, your LL does not need to amend your lease. As you know, the buyers will have to honor your lease until it expires unless he agrees to let you out of it. Leases can only be amended or cancelled of all parties agree. Just be sure to give proper notice according to your lease prior to its expiraton.Source(s): FL landlord