Home Buying in Hawaii>Question Details

Spankit, Renter in Hawaii

Can a land lord force us to show a house that he is now wanting to list for sale in the middle of our lease?

Asked by Spankit, Hawaii Mon Jul 2, 2012

Help the community by answering this question:


My lease says he can show to a prospect buyer, but it does not say he can list the house for sale !!!!
0 votes Thank Flag Link Thu Jul 5, 2012
Two goods thing here Spankit:

1. Your lease is good until the end of your lease agreement (so it it ends in January 2013 for example, your lease can't be changed even by the new owner), unless specifically stated that the lease changes if it is sold.

2. Once it does sell, the showings will stop. After it is sold, there are a few more inspections, but you won't have a lot of traffic in your home.
0 votes Thank Flag Link Wed Jul 4, 2012
As you are experiencing, as a tenant, you are not the king of your castle. Most leases make provision for the owner or management company to gain access to the property for a variety of reasons. Your lease does spell out in detail what those circumstances and conditions are and the consequence to you for subverting the intent.

Now would be a great time to meet with a real estate professional and see if you can not own a home for less than you are currently paying in rent. Really, I am serious, many renters have not calculated the real benefit to them of the extremely low mortgage interest rates readily available.

Best of success to you,
Annette Lawrence, Broker/Associate
Remax Realtec Group, Palm Harbor, FL
727.420.4041 - http://www.RealEstateMadeEZ.us
0 votes Thank Flag Link Tue Jul 3, 2012
I routinely put in my leases that a tenant's lease can be terminated by me with 30 days notice should I decide to sale. Also, I put in my leases that I have the option to provide access to appraisers, inspectors, prospective buyers, etc.

I don't give my tenants an option, but some leases will allow tenants to 'opt-out' of allowing showings for a fee of one months rent. As already stated, read your lease.
0 votes Thank Flag Link Tue Jul 3, 2012
I would check your lease to find what rights both parties have. The new owners (if sold) must comply with the lease.
0 votes Thank Flag Link Tue Jul 3, 2012
As the others say, check your lease. It should address that issue. To oversimplify--and without seeing your lease--the answer is often "yes" with reasonable notice. But the answer should be in your lease. If it's totally silent on the subject (and I'm not a lawyer, so this isn't legal advice), then the answer is "yes." After all, it's his house.

Understand, though, that the lease will run its full course even if he sells, so long as you're complying with its terms and conditions. So let's say you're current on payments, taking care of the property, etc. And let's say the lease expires January 1, 2013. He can sell the property--that's his right--but the new owner must comply with the lease, too. That means you can't be kicked out early just because the owner sells the property.

Again, read the lease. And, if appropriate, check with a lawyer.

Hope that helps.
0 votes Thank Flag Link Tue Jul 3, 2012
Don Tepper, Real Estate Pro in Fairfax, VA
Hi, It should state in your lease when it is acceptable to do so. This is usually mutually agreed upon and 60-90 days prior to the lease term expiring. So you will have to read the language in your lease to know for sure.

0 votes Thank Flag Link Tue Jul 3, 2012
You should read your lease agreement. Most standard lease agreements allow the owner to show the property, however, they need to give you notice. Maybe you can negotiate a lesser amount for rent if you allow him/her to show the unit.
0 votes Thank Flag Link Tue Jul 3, 2012
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