Can my landlord show my apartment to prospective buyers without my approval?
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Can my landlord show my apartment to prospective buyers without my approval?
I signed a lease on an apartment 2 months ago. Today my landlord came in with prospective buyers to see it. He never mentioned such a situation being possible when we spoke about the lease. If I’ve had known I wouldn’t have chosen this appartment. He informed me that he will keep doing that, calling it a standard procedure. Do I have grounds to brake the contract without loosing the deposit?
Asked on June 4, 2011 under Real Estate Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Absent you express permission, unless there is a provision in the lease that allows a landlord to enter the apartment to show it to potential buyers and/or tenants, an existing tenant does not have to allow their apartment to be shown under the warranty of the "Right to Quiet Enjoyment" which means that a tenant has a right to be left undisturbed as long as they continue to pay their rent. If they continued to be disturbed after notifying the landlord, then they can claim a breach of this right and a possible remedy would be termination of their lease.
However, this can all get a bit technical. So a tenant is best advised to consult with an attorney that specializes in landlord-tenant matters, or at least speak with a tenants' rights advocacygroup. If not done correctly, breaking a lease can have both negative legal and financial ramifications for a tenant.
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