Did my landlord violate my lease by putting the building up for sale?

Full question:

We have a one year lease on the condo we live in. The lease will expire on 4/30/10. Our landlord has just put the condo up for sale.The landlord wants us to remain in the condo until it is sold. We would prefer to be able to move out at any time now since we will eventually have to move when it is sold anyhow. Has the landlord broken our lease and we are forced to remain and show the place to prospective buyers and pay our montly rent until our lease expires?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Washington

Answer:

If either party wishes to terminate the written lease, such action must comply with the terms of the lease and landlord-tenant laws. A tenant who breaks a lease and moves without giving proper notice may be responsible for the rent for the balance of the term, and the landlord must make a reasonable effort to relet the premises in order to mitigate (or reduce) the damages. The liability and duties of each party vary depending on the terms of the rental agreement.

If a landlord is selling the real estate, he or she typically is also selling the lease to new owners. The existing lease usually is honored. The existing lease may have a provision in it to allow the landlord to sell his/her interest. Sale of the property in and of itself typically is not a breach of the lease.

Also, showing the property is common and usually not prohibited by a tenant so long as sufficient notice can be given. This is a matter that may be resolved by discussion with the landlord.

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.

FAQs

A new lease does not automatically void an old lease. If a new lease is signed, it typically replaces the old one, but both leases can coexist if the new lease specifies that it is an amendment or extension. Always check the terms of both leases to understand their relationship.