Can a landlord break a lease in order to sell a home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord break a lease in order to sell a home?

Our lease is not up for almost another 6 months. However, our landlord

notified us we will need to move in about 60 days since they are selling the home. He wants to give us $500 to help with moving expenses but we feel it is no fault of our own and we should be able to stay. He now notified me today that I will need to make the house available for contractors to give estimates for modifications and to start work. Keep in mind I am due to have a baby in less than 2 weeks and I am currently on bedrest due to a high risk pregnancy. My husband works nights, so with work going on during the day it will be impossible for any of us to get any rest. I am not understanding how any of this is legal since our lease is not up and we have not broken our lease. I thought a lease was a binding contract made between both parties so both should have to fulfill their agreement?

Asked on February 27, 2017 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are correct: a lease is a contract. The landlord cannot break it early to sell the home, unless the lease itself has some term or provision allowing this (if it does, then you contractually agreed to early termination in this circumstance).
Howevever the landlord is allowed to bring in contractors to give estimates or do work, so long as he gives reasonable (typically 24 hour or more) notice of it, and does so at reasonable times (e.g. during the normal work day)--it is his property, after all, and he can maintain, renovate, etc. it. He can also bring in realtors to show it on notice, possible buyers to view it on notice, etc. So he can't remove you early--if anyone buys prior to your lease expiring, they buy subject to your lease and take you as tenants--but he can do all the things (again, on notice) necessary to stage, market, and sell it--and, as noted, he can even actually sell it, though the buyer will have you as tenants for the remainder of your lease.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption