What to do if we are 9 months into a lease and our landlord placed the house we are renting for sale?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if we are 9 months into a lease and our landlord placed the house we are renting for sale?
Even though our lease states 7 days notice for any walk throughs except for emergencies, we are required to show the property as if it is our own home. Not only that, there is mold from leaking pipes not fixed, the pool has a leak and we cannot keep up with the water to keep it filled and have to turn off the pump so the pump wont break and that is not taken care of and told we had to maintain the pool even though the lease clearly states the landlord responsibility. The airconditioners dont work most of the time even in central florida in mid summer. Can I terminate my lease early without penalty?
Asked on December 29, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You may be able to terminate the lease early--not for the sale of the house, which the landlord has a right to do (note: if it is sold, the new owner becomes your landlord, subject to your existing lease), but because:
1) If the lease guarantees you 7 days notice of walk throughs other than in emergencies, but the landlord is requiring you to show the house with less notice, that is a breach of the lease; it also may be a violation of your right to "quiet enjoyment," if the number of walk throughs/showing, is unreasonable.
2) Mold issues and lack of working A/C may violate the "implied warranty of habitability," or the obligation on the part of the landlord to provide a rental unit fit for its intended purpose, or residence.
3) Requiring you to maintain the pool also seems as if it is a breach of your lease.
These various breaches may give you the right to terminate your lease early. However, because it is very fact- and context-sensitive as to when a tenant can do so, you are advised to speak with a landlord-tenant attorney, who can evaluate all the facts of the situation in detail, before doing anything.
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.