Monday, August 16, 2010

My landlord has put our condo up for sale, Can we break the lease early,Do we have to have viewings Phila. PA

No you can't break your lease early without permission from the landlord. The landlord is allowed to sell his property and most state laws state that the lease will follow over to the new owner. As far as showing go....yes, you need to allow viewings as long as the landlord/realtor give you advanced warning of at lease 24 hours.My landlord has put our condo up for sale, Can we break the lease early,Do we have to have viewings Phila. PA
No, you cannot break the lease early, and neither can the landlord, without your agreement. Pennsylvania law is sadly lacking in clearly stating the rights of tenants under such situations. It is generally accepted that a 24 hour advance notice of intent to enter the premises is sufficient. You have the right to be present, if you desire, but the landlord is under no obligation to schedule showings when you ARE present.





As long as the landlord provides sufficient notice of intent to enter, you will have to allow them in. You might have a discussion with the landlord, in attempting to reach some sort of agreement where showings are restricted to a few days of the week, or on weekends, when you might be out and about.My landlord has put our condo up for sale, Can we break the lease early,Do we have to have viewings Phila. PA
No, you cannot break the lease without your landlord's consent. If the property sells, the new owner is subject to the terms of the lease until it expires and must honor it.





Unless he's targeting the sale at the investor market it would be easier for him to sell if the property is empty. As such, he may be willing to let you out early without penalty. On the other hand, if your lease is up in just a few months you should prepare now for the likelihood that he won't renew it and force you to move then. Talk to him and see what he wants to do and try to work something out.





A common clause in most leases is that you must allow showing of the property to prospective tenants or buyers at ';reasonable'; hours. What's reasonable to you may be quite different from what your landlord or worse, a realtor, may think. Usually if there's a disagreement then ';normal business hours'; usually passes the ';smell test'; on reasonable. Of course if you're a shift worker your ';business hours'; won't jive with the agents. Negotiation is the key here. Maybe the landlord takes $20 off your rent per showing as an ';inconvenience fee'; or you agree to allow showings on Tuesdays and Thursdays from 2:00 to 4:00 and try to have it looking decent at those times.





I've been in the situation a couple of times when buyers showed up at the door at all hours or entered the property without advance notice (usually 24 hours is required) or other such foolishness. I quickly discovered what you can do with a few old pairs of underwear, some peanut butter, and a bit of chocolate sauce! Run that though your creative mind and I'm SURE that you'll come up with something. Funny how the problem solved itself pretty quickly that way!
Maybe you could negotiate with the landlord to let you out of the lease if you cooperate with the viewing. You could make the viewing very hard and that gives you leverage.

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