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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33801
Experience:  Attorney for over 15 years, landlord 26 years
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Our lease is up in Nov. the lease states that a sign

Customer Question

Our lease is up in Nov. the lease states that a for sale sign can't be put up until 60 days prior to that date but the real estate office placed a sign up in May as well as in their MLS postings. Did they break the lease and can we move out.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Does the lease state that they can't advertise the property until 60 days before termination, or just that they can't show it?
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Or does is specifically state that no For Sale sign can be posted?
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Did you contact the landlord back in May and object?
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If so, what was the response?
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If not, why not?
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thanks
Barrister
Customer: replied 1 year ago.
The lease states that the landlord can show the property 60 days prior to the lease expiring. I did not know my rights. They want me to keep the house show ready at all times. I have a 6 year old and it is so times impossible. I am complaining now.
Expert:  barristerinky replied 1 year ago.
Ok, then you can simply refuse to allow any showings to occur until then. If the landlord insisted on doing so, then that would rise to the level of being a breach of your rights to "quiet use and enjoyment" and "exclusive use and possession" and would give you grounds to terminate the lease early.
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But until the landlord/realtor actually start showing it, or at least trying to do so, then there is not a breach of the lease at that point.
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As soon as they do start showing it, then you could claim breach and then terminate the lease. When one party breaches a contract, it relieves the other side from further performance under it.
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thanks
Barrister
Customer: replied 1 year ago.
I failed to mention that they put a lock box on the front door. Should they notify me when they are trying to show the property. Thank you for your opinion on this matter.
Expert:  barristerinky replied 1 year ago.
""Should they notify me when they are trying to show the property.""
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Absolutely, I don't see what state you are in, but virtually every state has a "landlord access" common law that allows a landlord the legal right to show a property in the absence of a specific agreement during "reasonable times with reasonable notice". This has been interpreted by the courts to mean M-F, 8am to 6pm unless otherwise agreed. Further, the landlord has to provide at least 24 hours notice prior to any entry.
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And finally, you are not under ANY legal obligation to keep the place spotless and if it were me, since they are breaching the contract to begin with if they show it, I wouldn't worry about picking up or making it look fantastic for them..
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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
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thanks
Barrister

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