I have 10 months left on my lease and the owner wants to sell. What are my rights?

Asked by Ada, Arizona Sat Sep 13, 2008

I worked with a property management company 2 months ago who assisted me in renting a home in Arizona. The advertised listing stated that we would be receiving the 3rd months rent free and that dogs were allowed. When I contacted the landlord about this, she told me that because I had a dog, we did not get the free month. I did not argue about this with her, I just paid the rent as usual and that was fine. But now I'm being told that she is placing that house on the market and plans to sell it (with 10 months left on my lease) and that she will need me to be available to show the house to realtors and potential buyers. We have a 12 month lease. I have a big problem with this. In just one day, this has gone from feeling like my home, to feeling like a strange house that I am staying in with the sole purpose of assisting the owner with it's sale. In the event that the house sells and the buyer would like to move in, we would be put out.
I just want to know if anyone has any resources t

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Scott Godzyk, Agent, Manchester, NH
Mon Sep 15, 2008
It all depends what it says in the lease your signed. first about your 3rd month free. doe sit list it in writing that you will receive it, if yes then does it say because you have a dog you wont be getting it, if no thenm you are entitled, if yes you are out of luck. as far as the sale , in th lease is there a clause that states upon sale of the property you will be givne ___ notice and this lease will become void. if not then they either have to honor your lease or buy you out. if it does then you will have to move. lastly about allowing people in your home again this should be stated in the lease, if not most state laws state you ahve to allow it with a reasonable notice. reasonable in most peoples eyes are 24 hour notice. It look slike you have been put in a tough situation, gran your lease and read it thoroughly. also you may ant to go to the arizona state web site, under search type in landlord tenant laws and search in your state to see what your exact rights are. i wish you luck Ada
Web Reference:  http://www.ScottSellsNH.com
0 votes
Carlos Ramir…, Agent, Mesa, AZ
Mon Sep 15, 2008
Ada,

On that specific situation it does not seem that the landlord broke the agreement. Without any other information I can not see any violation or justification to break the lease. In summary the landord has the right to sell and show the property, and you have the right to request a 48 hrs notification.

I will advise you to talk with the landlord and reach an agreement. The fact that you will require a 48 hrs notice just to show the property is going to make it harder for him to sell it. And since apparently you just want to leave the place, maybe the two of you can agree on terminating the contract earlier without penalties. That will probably be a win-win.

Good luck!
Web Reference:  http://www.SmartAZRealty.com
0 votes
Keith Sorem, Agent, Glendale, CA
Sun Sep 14, 2008
Ada
Please see the link below. You might need to consult with a pro-bono legal aid service.
IMHO even if they sell the lease would transfer with the property, although that may not be correct.
0 votes
Kary Krismer, Agent, Renton, WA
Sun Sep 14, 2008
I won't try to advise you as to your rights in Arizona, but I will point out that this is why many people desire to own rather than rent. A bit more stability and a lot more privacy.
0 votes
Steve Belt, , Scottsdale, AZ
Sun Sep 14, 2008
Hi Ada-

As a tenant, you have many rights, like the right to quiet enjoyment. Formally, that right requires you be notified at least 48 hours in advance if the landlord or landlord's agent wishes to enter your home. You can waive that right, but there is no obligation.

As well, the sale of the property will not terminate your lease, regardless of what the new owner wants. Again, you might agree to move out, but you don't have to.
Web Reference:  Http://www.teambelt.com
0 votes
Brian Peters…, , 85239
Sat Sep 13, 2008
http://www.azsos.gov/public_services/Publications/Residentia…

That is the landlord/tenant act!

Your lease would convey to the new buyer. They will have to honor the lease (exception is foreclosure, where the bank can terminate it)

As a tenant, you can require that any listing Realtor give you 2 days notice before showing the inside of the home.
0 votes
Ada, , Arizona
Sat Sep 13, 2008
So, if this is something that I am not comfortable with and it is not stated anywhere in my lease, I still have no rights?
0 votes
Ada, , Arizona
Sat Sep 13, 2008
**Sorry, my question was cut short. Here's the rest of it**

I just want to know if anyone has any resources that they could share with me regarding tenant rights and rental laws in Arizona. I need to know what my rights are in this situation. I do not feel comfortable having strangers in my home. I have 2 small children and this is just not an acceptable situation for me. By law, can I break my lease due to this situation?
Thanks!
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