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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7345
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I lease a pice of land from someone that is in the process

Customer Question

Hi I lease a pice of land from someone that is in the process of paying the note on a owner carry. My question is dose the note holder still have the right to demand property inspection against my landlords request to leave us alone.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
That is a great question, and one which I have never had the pleasure of working on as a lawyer over the past 51 years. You have two competing rights. The first is the tenant's right to quiet enjoyment, which you have obtained with your lease from your landlord. The other right is the owner' s right of inspection which may be contained in the loan documents between your landlord and the owner. Which prevails? In my under researched opinion, the right of the owner to inspect, would be given priority over the right of the subtenant to quiet enjoyment. Reasoning would be simply that the right of inspection was in existence and could have been ascertained by the lease holder before entering into the lease. Again I don't know of any hard and fast case law on the subject, so take it for what it's worth.