I just found out that my landlord is trying to sell the house out from under me, what do I do?
May 29th, 2011 | 
Author: I found out today that my landlord has apparently put the house I am renting up for sale. I moved in the end of February, and when I found this house and called her, she said that the house is for rent and she would be willing to work with me on the deposits. Nothing was mentioned about the house being for sale OR the house possibly selling while I was living her. Today I get home to find a car in my drive way that I did not recognize. I got asked and asked if I could help them. The mother and daughter said they where wanting to look at the house because it was for sale. I told them it wasn’t to my knowledge, and asked if they had the right address (apparently there is 2 of my addresses in my city) and promptly called my landlord that did not answer. I left a message saying hey there is a mother and daughter here to look at the house, they say it’s for sale and I was not aware of this. I talked with them for a little while longer and the left. I then went online to find out if the house was indeed for sale. I went on about 10 different sites and come to find out it is indeed for sale, and active. So I called the real estate agent that the lady was working with, and posed as a buyer. Come to find out IF the house is for sale (which it is according to her) and there is a tenant living in the house, the tenant and the landlord would have worked out an agreement for the possible sale of that house. Since my landlord never even told me that the house was up for sale I am wondering if you guys could help me figure out what to do. I have already called JAG (my hubby is in the military) and another attorney. I have attempted to call my landlord about 5x and still no answer. I know she is in violation of the lease because she has to give 24hrs notice that a some one is coming over. Unless it is an emergency she has to give notice. She didn’t and I come home to find people in my drive way wanting to look at the house. I am wondering what I can do tonight, what I should do when I actually talk to her, etc. ANY help is greatly appreciated.
THANKS
Posted in Landlord Tenant Law
Can they sell the house? Yes they can, but they also have to make you aware of it. I would go to landlord/tennet court or seek the advice of a lawyer. You probably do have a legal reason to break the lease, if you where so wanting to. You might want to pin down your landlord or send them a certified letter with your concerns.
She can absolutely sell the house during the duration of your lease. But she has to give you proper notice to break the lease (usually 60 days)—that wouldn’t be relevant until she actually sells it though.
She also has to give you 24 hours notice for when people are showing the house, per the terms of your lease. If your landlord proves unresponsive, you should (a) contact her in writing, and (b) contact the real estate agent to let her know that you are the tenant and that you need notice to show the house. My mom is a real estate agent and commonly shows houses where people are living there. They can put a note on the listing that it is occupied and to call to make an appointment with the listing agent first.
The owner has every right to sell the property. However, if you have a lease, the sale is subject to the lease, and you must be allowed to continue living there for the remainder of the lease term. So if you have a one-year lease effective Feb. 1, you have to be allowed to remain for your full term until Jan. 31, 2010, on the same terms and conditions as specified in the lease.
As for having someone over to look at the house without giving you 24 hrs notice, you do have a bone to pick with the owner. As a courtesy, she should have told you the house was being listed for sale first, too. Your landlord sounds like a ditzy doofus, but you have nothing to say about the property being for sale, just that you hold her to the legal requirement of 24 hours notice to show.
People will come looking, she can not stop that.
But you are correct you are entitled to 24 hours notice before viewing. She can set up a specific time slot for viewing on a daily basis though, which is the most common way this is handled.
I am unclear about the rest of your post, why you are contacting an attorney, etc. You have no legal rights to the property and can not block the sale.
She has every right to sell her property, your lease goes with it, you only have to leave if the new owner wishes to reside in their home themselves.
A landlord is only required to tell you if it is for sale at the time you sign the lease. They are NOT required to tell you if they ever plan to put in on the sale market. They have every right to sell their house and there is nothing you can do about it.
I do not know were you saw that information but tenants do NOT get any input on the sale of a house. You do NOT come to any kind of agreement with them.
If the house sells then the new owner is required to keep you until the end of te lease, so nothing really changes for you.
She is not in violation of the lease if she did not know they were going over there. People are notorious for not following directions and it is most likely that she did not even know about it.
She has not legally done anything wrong and there is not anything you can do about this.
She can sell her house and you truly have no say in it, however when it is sold the new owners must assume your lease. She did nothing wrong because at the time you signed your lease the house wasn’t for sale. However She should give you a 24 hrs notice before people come over. Most real estate agents will set a house up to be shown by appointment only when it is still be occupied.