Full question:
I am a landlord of two family homes, not owner occupied. I have run into financial difficulties and need to sell the property to get out of debt. One of the tenants are five months into a year lease. They do not want to allow me to show the house to possible buyers, unless I: A) Reduce their rent as means of payment for their time B) Allow them to break the lease so they can move out C) put it in writing that if I sell the house, they can stay until the lease is over. Do they have these rights? If I allow them to move out, I cannot afford the mortgage on the property for too many months and would risk bankruptcy. What rights do I have to sell the home?
- Category: Landlord Tenant
- Date:
- State: National
Answer:
A landlord generally has the right to enter the property as defined by the lease. If the lease does not specify, the landlord typically cannot enter without tenant permission, except for urgent repairs or to collect rent. Courts usually do not require tenants to be compensated or allow them to unreasonably deny access for showings, provided the landlord gives proper notice and enters at a reasonable time.
When a leased property is sold, the lease often transfers to the new owner. If the lease does not allow for early termination, you may need to negotiate with the tenant to avoid a lawsuit for breach of contract. In New Jersey, landlords must handle security deposits properly when selling a property (N.J. Stat. § 46:8-20).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.