So as long as I continue to pay monthly, he can't throw us out if he finds out about the bankruptcy?
Also, if I wanted to get out of the lease, I know it's shady, but could I legally go onto the court site, add him to the creditor matrix and be released of all liability. I say that because right now I have a situation going on that I posted in the real estate law section that hadn't been answered in which when we signed the 1 year lease 5/11, the polace was for sale, however no where in the lease does it say I have to allow showings. In fact, section 13 states he may only post a for sale sign and show it w/in 45 days of the expiration of the lease. Real estate agents are calling now and demanding I let them show whenever they feel like, and when I say the time dosen't work, they are arguing saying I can't stop them, however, according to the lease he gave us to sign, he's violating section 13 just by having the sign out and being on the market. I have been letting them show, but now it's becoming inconvienient, and I'm saying I have fully legal right to say no to any and all showings from now until March 15, 2012. However I have not been answered as of yet I posted the question 2 days ago, I have included it below including the link to view the entire lease if you care to take a stab at it:
History: On April 11, 2011, in Brown County (Green Bay Wisconsin Area, City of De Pere) my wife and I signed a 1 year lease which I have posted a copy of at: http://voiceondemand.net/Dispute/Ash_Lease_Post.pdf
Background: The house was for sale by landlord when we signed the lease, with a for sale sign from the real estate agency in the front yard. As you can see, there are no added written provisions about showing of the property by real estate agents. In fact under section 13, ‘Inspection of Premises' it states landlord / landlord agent may enter any reasonable time for inspecting which I take to mean once or twice a year to inspect for cleanliness or damages. Further down section 13 states he may only exhibit (showings) and / or display a ‘for sale' ‘for rent' ‘vacancy' WITHIN 45 days of lease expiration. So as I interpret this, he is violating the terms of his own lease by both having the for sale sign outside, and having real estate agents show the property which they have a key lock hung on the door they can get in anytime they want. Furthermore, section 18 entitles me to ‘Quiet Enjoyment'
Problem: I have been getting phone days about every other day from agents who want to show, for the most part, I have allowed them to show. I am no longer willing to allow showings after she attempted to force and bully me yesterday when I had an agent call to say she was going to show it Monday between 5 & 6. I stated no, that time does not work, I will get back to you with a time that works. She said I had no right to say no and that I should plan on the showing happening, and she was going to call the landlord to force me to allow the showing. 2 hours later, the landlord sent me a text message stating, "The realtor says they have 3 parties that want to see the house Monday, please accommodate them."
1.) Am I interpreting section 13 right that he is violating his own terms and is not allowed to have a for sale sign out front, and should not be showing it and in addition must take it off the market until 45 days prior to expiration.
2.) Do I have the legal right based on the terms of the lease to say no to the agents that call to show, in addition am I legally entitled to call them and say you may not show as of now until 45 days before April 30, 2012?
3.) If the above answers are yes, if the agents have to stop showing, the item in section 13 that says landlord / landlord agents (which I understand the real estate agent is an agent of the landlord, however they are a sales agent) may enter at any reasonable time for inspection. Am I correct that that only includes a once or twice yearly check for damages and / or cleanliness, meaning, can he get around the agent showing by bringing people himself during one of his ‘inspections' or would that be against the terms because he is showing which is above and beyond a damage inspection.