Home Selling in Middletown>Question Details

Maria, Renter in Monmouth County, NJ

I moved into a house 3 months ago and signed a 2 1/2 lease. Can the owner of the home decide to list the house for sale while the lease is in effect?

Asked by Maria, Monmouth County, NJ Sat Apr 21, 2012

Doesn't that violate my right to quiet enjoyment?

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Answers

14
Maria
Reading these responses I think we all agree
Read the lease and see if the issue was addressed. You also need to see if the lease states how the house is going to be shown and what you are obligated to do to allow people in to see the house.
If the lease is not clear than you should consult an attorney.

This really should have been explained when you signed the lease too.

Good luck
Val Gabela
0 votes Thank Flag Link Tue Jun 12, 2012
If the arrangement was not made before you rented, the owner still may list the property for sale (tenanted or not), but you still control access for the duration of your lease. It's common courtesy for the landlord to divulge his plans. Yet he or she must rely on your cooperation for any showings. As the other answers have said, your lease could contain specific language as to how the residence might be shown.
0 votes Thank Flag Link Sat Apr 21, 2012
many times a lease will address this topic. Read it carefully....then see an Attorney
0 votes Thank Flag Link Sat Apr 21, 2012
Maria - talk to your attorney . . . he can give you the legal advice you need on how to proceed with this issue. Please don't hesitate to call us if you need the name of a reputable attorney. We would be happy to assist you. Karen/Starr
0 votes Thank Flag Link Sat Apr 21, 2012
Thanks for all your answers! This is a standard New Jersey Association of Realtors Residential Lease Aggreement. The home was for sale and rent when we were looking and then taken off the market when we went under contract to rent. I would never have rented this place if it was going to be for sale, constantly being disrupted by buyers coming in. Is it unheard of to have this contract terminated by an attorney? Thanks.
0 votes Thank Flag Link Sat Apr 21, 2012
Yes, it is possible for the owner to sell the property. He will need to be upfront with you and the new owner will have to fulfill the current lease you have. If it is sold, the new owner may decide to not renew your lease. Always read the fine print in your lease and consult an attorney to make sure you are covered on every side.
0 votes Thank Flag Link Sat Apr 21, 2012
Hi- we are sorry to hear about your situation, however, we would suggest you seek legal advice. If you do not have an attorney, we have a great attorney that would probably review your lease at no charge. Give us a call at 732-207-8154 Thanks Karen/Starr
0 votes Thank Flag Link Sat Apr 21, 2012
Short answer yes !! It's the landlords house, and unless your lease specifically says they cannot sell it while rented (very unusual), they can pretty much do as they wish.

Check your lease, because it probably has a clause about resonable access, not only for the landlord to inspect the property, but for people wanting to look at the house as potential buyers.

Of course if you have a good relationship with the landlord, you can ask for reasonable times that don't affect your "quiet enjoyment" (ie: like if you work nights and sleep days, no showings before a certain time) , but again the key word is reasonable for all parties involved.
0 votes Thank Flag Link Sat Apr 21, 2012
All good answers below. However to best answer your question is to review your lease. See if it addresses this issue. If not, you would need see legal advice if you do not like what is going on.
0 votes Thank Flag Link Sat Apr 21, 2012
Maria,
Read your lease. It should have a provision that allows the owner to sell the home. Sometimes even if the home is sold you may have some rights based on your lease. If you don't see anything or need further help contact a local Real Estate Attorney and ask for assistance. We are not attorneys and can't give legal advice.
0 votes Thank Flag Link Sat Apr 21, 2012
Yes, the owner can sell the property. If/when the property sells, the new owner will become your landlord and your lease remains intact. Refer to your lease terms to understand your obligations in cooperating with showing the property to prospective buyers. Helpful hint: The highest volume of showings generally comes in the first month that a property is listed. If you are asked to make the property available frequently when it first goes on the market, know that the volume will likely subside after a few weeks.
0 votes Thank Flag Link Sat Apr 21, 2012
Deborah Madey, Real Estate Pro in Brick, NJ
MVP'08
Contact
Your property can be sold without your quiet enjoyment rights being affected. If the new owner leaves you alone and fulfills the lease terms you are in the same position as if the property did not change owners.
0 votes Thank Flag Link Sat Apr 21, 2012
Yes, the owner can sell the house. But, your rights as a tenant are protected for the duration of your lease. In other words, the new owner has to abide by your current lease.
As for your right to quiet enjoyment, most leases have a clause that states that the owner can show the apartment to prospective buyers or tenants. They do have to provide you with 24 hour notice though and you can ask that the rental only be shown within specific hours, if you have children or other needs that would limit the hours for showings.
If you would like a copy of the NJ Landlord/Tenant handbook, just reach out to me via Trulia or my website below and request a copy. I can email it to you.
Web Reference: http://www.dianeglander.com
0 votes Thank Flag Link Sat Apr 21, 2012
We are geting into LEGAL issues here, and Realtors do not give legal advice.
That said; I would suggest you GOOGLE "quiet enjoyment" and read for yourself.
0 votes Thank Flag Link Sat Apr 21, 2012
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