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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36559
Experience:  16 years real estate, Realtor. Landlord 26 years
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I signed lease for another year on Austust 25, 2016. On

Customer Question

I signed lease for another year on Austust 25, 2016. On August 2nd after rent is paid he emails me that he is selling and wants me to live here until it sells and then he will give my $1800 back. There would be showings of two to three a day. I am a single mother with two teenage boys one with anxiety issues that are documented by a doctor and cannot do this for multiple reasons. We all work and so I found a house to move to can I move out with 30 notice. This is in Austin Tx
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Will the landlord agree to allow you to terminate the lease early?

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thanks

Barrister

Customer: replied 9 months ago.
He wants me to stay and show until it sells I cannot do that with my children. I am a school teacher and my boys both work odd hours and one has anxiety issues with people in the home and at school
Customer: replied 9 months ago.
He also has a 4000 deposit that should be refunded. He knew he was going to sell before he signed lease
Expert:  Barrister replied 9 months ago.

Ok, then you can simply refuse to allow him to show the property that frequently as it would be a violation of your rights to "exclusive use and possession" of the property as well as "quiet enjoyment". You would have to work with him to allow some showings....maybe at set times when you and your children would be elsewhere.

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But the fact that he is selling the property wouldn't give you legal grounds to break the lease unless he was trying to show the property so much as to unreasonably interfere with you living there.

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With that said, if you breached the lease and moved elsewhere, he could hold you liable for any lost rent, but he would have to try and re-rent it in order to be considered to be acting in good faith in mitigating his damages. So if he is selling it, and doesn't try to re-rent it, then he couldn't hold you liable for any lost rent..

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Whether he has to refund any deposit would depend on whether there were any damages when you moved out and whether you owed any delinquent rent or not..

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thanks

Barrister

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