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Hi we are 11 months into a two year lease agreement for a rental property in Memphis, TN. Our landlord has decided to put the house up for sale with 13 months remaining on our lease. I would appreciate if someone could clarify some issues for us and let us know what our rights are.
1) Is it correct that by federal law that the lease gets passed on to the new owners until it expires even though in the lease is under the current landlords name? Is there anything to stop the new owners stating that we have to leave the property early before the lease expires or changing any of the terms of the lease? In the area that we live I doubt a prospective buyer would be looking at buying a rental property.
2) Can the landlord put the house on the market this early and put a for sale sign in the yard? The lease does not mention anything about what if the landlord was looking to sell the property, the only vaguely relevant statement is the following:
"Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease"
3) We have a newborn baby and have already been inconvenienced by having to be on the property for the first showing this last weekend as the realtor does not have a key yet. In addition they are doing a virtual tour so now all our personal property is on full display and our photos that are on the wall. In a high crime city this is a concern to us. I know that the landlord has a right to enter the property with the correct amount of notice but can we refuse entry to the realtor and all potential buyers?
I have read the following two statements online on this matter, do they apply?
"If the written agreement does not mention the landlord’s right of entry or the tenant’s right of privacy, the tenant’s legal remedy is for breach of the tenant’s right of quiet or peaceful enjoyment of the rented premises. When a landlord rents property, he or she is assumed to promise that the tenant will be able to use the property without interference by the landlord. If the landlord’s entry into the rented unit is so invasive that it makes it impossible for the tenant to continue living there, the tenant can move out without notice and sue for damages. If the landlord’s actions are not so serious as to justify moving, the tenant can bring an action for harassment or disturbance of his or her peace of mind."
During the pendancy of the lease, and for all intents and purposes, the home and the land it sits on "belongs" to your tenant, and you have no "right" to invade your tenant's "quiet enjoyment" of the property. The tenant may allow, or disallow, anyone he or she wants onto the land or in the home. You can tape a "request" to the door and ask the tenant, very nicely, to call you about the situation, but don't be surprised if he / she says "No."
The landlord no longer lives in the city so would not be present at any showings.
Thanks
1) Is it correct that by federal law that the lease gets passed on to the new owners until it expires even though in the lease is under the current landlords name? Is there anything to stop the new owners stating that we have to leave the property early before the lease expires or changing any of the terms of the lease? In the area that we live I doubt a prospective buyer would be looking at buying a rental property.
2) Can the landlord put the house on the market this early and put a for sale sign in the yard? The lease does not mention anything about what if the landlord was looking to sell the property, the only vaguely relevant statement is the following:
"Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease"
3) We have a newborn baby and have already been inconvenienced by having to be on the property for the first showing this last weekend as the realtor does not have a key yet. In addition they are doing a virtual tour so now all our personal property is on full display and our photos that are on the wall. In a high crime city this is a concern to us. I know that the landlord has a right to enter the property with the correct amount of notice but can we refuse entry to the realtor and all potential buyers?
I have read the following two statements online on this matter, do they apply?
"If the written agreement does not mention the landlord’s right of entry or the tenant’s right of privacy, the tenant’s legal remedy is for breach of the tenant’s right of quiet or peaceful enjoyment of the rented premises. When a landlord rents property, he or she is assumed to promise that the tenant will be able to use the property without interference by the landlord. If the landlord’s entry into the rented unit is so invasive that it makes it impossible for the tenant to continue living there, the tenant can move out without notice and sue for damages. If the landlord’s actions are not so serious as to justify moving, the tenant can bring an action for harassment or disturbance of his or her peace of mind."
During the pendancy of the lease, and for all intents and purposes, the home and the land it sits on "belongs" to your tenant, and you have no "right" to invade your tenant's "quiet enjoyment" of the property. The tenant may allow, or disallow, anyone he or she wants onto the land or in the home. You can tape a "request" to the door and ask the tenant, very nicely, to call you about the situation, but don't be surprised if he / she says "No."
The landlord no longer lives in the city so would not be present at any showings.
Thanks
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