Landord selling house. Can he do this?

[FlaTenant]

What is the name of your state? Florida

We recently moved into this house a few months ago. The landlord told us he would make certain repairs prior to moving in and he never did then scheduled to make them but never did either. We informed him of new problems once we moved in regarding the electrical system. He refuses to send an electrician out or to even fix the promised repairs that are stated in the Landlord/Tenant Rights Law that he must repair those problems to maintain the safety of the house or we can legally withhold rent until those major repairs are made.

Its been months and he doesn't return letters or phone calls and then finally called to say he wasn't going to fix anything period when he recieved my last letter with the rent check. We have never been late with paying rent despite him ignoring and not fixing things, but we contacted the Building Inspectors and Coding Enforcement the following day that he said he was not fixing anything period. They inspected the house yesterday and contacted the landlord of their findings that he must fix and would be fined. If he doesn't fix within the time frame they give him, they can issue citations and we also have the legal right to withhold rent by sending the letter to withhold rent within 7 days of the rent being due. We didn't tell the landlord we contacted that agency.

Then the landord tells us that he is going to sell the house and we have first choice to buy before he sells it at the end of the lease which is at the end of the year. He assured us that he wasn't going to sell it until the end of the lease and that he would discuss us buying it before he contacts a realtor. The Building inspector was out yesterday and the landlord calls me today to let me know that he is selling the house and the realtor will be out early next week to put the house up for sale and that I have to allow them access to show the house to potential buyers but will give 24 hours notice.

He never told us he wants to sell it right now and discuss us buying the house first, and hires the realtor. Can he do this or is he trying to just avoid those fines and citations by selling now before the lease is up? And if he sells it now and the buyers do not want to use it as a rental, or what if the new owners want to put someone else in the rental instead,does that mean we have to move right away? He knew we wanted a long term rental lease due to the fact that moving is very hard on me as I am disabled and needing major surgery. By him selling now that means I have to be available to show this property within 24 hours notice and make sure it is in tip top order to show and that interferes with my schedule of dr. appointments, children and recovery and possibly having to find a new place to stay without enough time to save if we end up having to move etc. Can he do this or is he just trying to retaliate and avoid those fees? If he sells now, we need more time to save to find a new rental and right now we are not in the position to do so and he knows this.

Thanks for any advice.

[Some Random Guy]

The requirement to show the house and giving you 24 hours notice is pretty standard.

You are a rentor, not the owner and therefore have no right to prevent the owner form selling their house. However, the house will be sold with a lease obligation. The new owners must honor this lease.

Whether it sells or not, plan to move at the end of your lease. And read the lease thoroughly, esp in regards to notices that you will be moving. Your landlord seems happy to try to take advantage of you so don't give him any more opportinuties.

[FlaTenant]

Thanks for responding and so quickly. We were considering buying it if we could and if not, we planned to save up now for when the lease is up in December but this was to be discussed with the landlord and he said he was going to send us written notice of his intent to sell at the end of the lease a few weeks ago and we had nothing to worry about. Nothing would be done til the end of the lease. We haven't received any letters and just the phone call late today that we have less than a week before the realtor comes out.

We also worry and how do we know that he is actually selling it with tenant lease obligation included? If he sells to someone who is not intending on buying it as a rental and moves in themselves, we might only have a few weeks or so to find a place of our own and doens't that violate our lease then? Just trying to figure out all of this so I can get all the legal facts straight.

Thanks again

[BelizeBreeze]

Originally Posted by FlaTenant

We also worry and how do we know that he is actually selling it with tenant lease obligation included? If he sells to someone who is not intending on buying it as a rental and moves in themselves, we might only have a few weeks or so to find a place of our own and doens't that violate our lease then? Just trying to figure out all of this so I can get all the legal facts straight.

Thanks again

The new owner or, for that matter, the current owner can't by law revoke a valid lease.

Of course, if the current owner wants to sell the house without the lease obligation you can always tell him that you would be happy to move if he provides you a check for rent until the end of the lease agreement, $2,500 for moving expenses, your depoist returned and $50 just for the hell of it.

[scophreak]

Belize is correct about the lease following the property. To sell the property without the attached lease obligation, both parties (you and the LL) must agree to early termination of the lease. This would most likely involve some incentive given by the LL (see Belize's suggestions above ) to have you agree to this.

Also, you are obligated to let the LL/realtor show the property. However, I don't believe the law states that you are obligated to present the house in any condition beyond how you normally keep it. Simply live your life as you would any normal day and allow access when required...

[FlaTenant]

Thanks again for the replies. If the new owner allows us to stay til the end of the current lease, that would be wonderul and wouldn't have to worry about saving money to move so fast. I think I read someplace where the landlord would have to give us the rent money and pay for moving expenses if he sold it or broke the lease before hand. I will look into all that you've all mentioned. I greatly appreciate your time to respond.

[BelizeBreeze]

Originally Posted by FlaTenant

Thanks again for the replies. If the new owner allows us to stay til the end of the current lease, that would be wonderul and wouldn't have to worry about saving money to move so fast. I think I read someplace where the landlord would have to give us the rent money and pay for moving expenses if he sold it or broke the lease before hand. I will look into all that you've all mentioned. I greatly appreciate your time to respond.

The landlord is not REQUIRED to do anything by law except let the lease run to fruition. The rest is negotiation.

[FlaTenant]

At least now we know we won't have to leave right away before the lease is up and have some time to work with.

Thanks again for all of the replies.

[FlaTenant]

They put the sign on our lawn and I found our house listed and they are listing it with more bedrooms than we actually have and there is absolutely no indication that this is an investment property or leased tenants are in the home. Since yesterday, my house has been a mad house with cars coming and parking in my driveway and front lawn, even at the same times and people peeping in my windows when I am home with two of our cars in the driveway. People knocking on our door all the time asking for more information about the house etc. I know I have to let them come in with the realtor after I am given my 24 hours notice but this is crazy that I have to be inconvienced with tons of people driving all over my lawn, peeping in the windows and knocking on my door so much. Is there anything I can do about that at least? Don't I have any privacy rights when they are not showing the house?

[HomeGuru]

Originally Posted by FlaTenant

They put the sign on our lawn and I found our house listed and they are listing it with more bedrooms than we actually have and there is absolutely no indication that this is an investment property or leased tenants are in the home. Since yesterday, my house has been a mad house with cars coming and parking in my driveway and front lawn, even at the same times and people peeping in my windows when I am home with two of our cars in the driveway. People knocking on our door all the time asking for more information about the house etc. I know I have to let them come in with the realtor after I am given my 24 hours notice but this is crazy that I have to be inconvienced with tons of people driving all over my lawn, peeping in the windows and knocking on my door so much. Is there anything I can do about that at least? Don't I have any privacy rights when they are not showing the house?

**A: read the L/T law and excercise your rights.

[FlaTenant]

I've been looking at the LL/tenant law but haven't found anything regarding sale of house with tenants there except for the LL must provide 24 hours notice to show.

[Who's Liable?]

Post a sign in the driveway stating there are current tenants in the house and all questions must go through the LL or Realtor, and provide the number...

[FlaTenant]

I actually thought of that tonight but wasn't sure if that was legal to do or not. I left a message for the landlord to call me since the last two days have been very stressful and unpleasant with so many disturbances and was going to ask if I could post a note by the doorbell or by the for sale sign. I am disabled and on bedrest and I sure can't get any bedrest with the door bell ringing non stop and people all over the property looking in the windows etc. It just went up for sale this weekend and neither the landlord or his agent are available to take calls to even show the property many people have said. Thanks again for the replies.

[Who's Liable?]

Of course you can! And if the LL tells you it's illegal, tell him to pound sand, ther eis no "law" that states you can't!

[FlaTenant]

lol Thanks Who's Liable!!