Can a landlord show a rental without notice and if the tenant is not home?

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Can a landlord show a rental without notice and if the tenant is not home?

Lease states 45 days to end is legal for her to show house. Lease was written for 15 months when the contract clearly states 14 months in the line previous. House is in foreclosure with bank and HOA. We have been contacted by the HOA stating that we will be evicted due to non-payment of dues (which are included in our lease in our monthly rent to landlord). No peaceful enjoyment here. She now wants to show the home at any time at her convenience. I want to move out based on her broken lease. What are my rights?

Asked on May 25, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) A typo-style error, like a discrepancy between dates in two lines, does not invalidate a contact. Instead, the court will look to the rest of the contract/lease and other relevant correspondence (offers, earlier drafts, etc.) to determine which date is correct.

2) If the house has been foreclosed, then the lease is no longer valid; foreclosure cuts off the landlord's possession, which means he or she can no longer conveny possession. Therefore, you can't rely on paying the HOA fees through your lease, since the lease no longer applies. Also, the HOA is  entitled to its fees if the landlord is no longer paying them--so if the occupant (you) don't pay, they can take whatever action is appropriate under the HOA rules.

3) Again, the lease is no longer valid IF the house has actually been foreclosed; therefore provisions restricting showing it no longer apply, too.

If the house is only in the process of foreclosure, not actually foreclosured yet, then the landlord still owns it and the lease is still in effect. If the landlord is violating the lease, that may give you grounds to terminate (for a material or important breach) or at least seek monetary damages. So it is critical whether or not the foreclosure has occured.


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