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Landlord put property up for sale NO NOTICE, NO NEW LEASE, NOW NO PRIVACY

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J

JENFLYERS

Guest
My landlord put the property up for sale. Our notice was finding the real estate sign on the lawn. My questions are as follows: 1. Shouldn't we have been given notice and a new lease? 2. Shouldn't the real estate give us at least 24 hours notice to show the property? So far we have had multiple real estates come to show the property w/out notice. They have walked into our home, into our bedroom while we were sleeping, into the bathroom while we were in the bathroom, and into rooms when we were getting dressed. We do NOT want to finish out our lease, because the landlord signed a contract w/ the realestate that is over after out lease is up. We want to move now, have him keep our security of last month's rent...thus breaking out lease by 6 weeks. He is refusing to let us break the lease....but I feel he broke it when he put the house up for sale w/ no notice and the real estates having no regard for our privacy by not calling , or calling just minutes before they show it.
 


ALawyer

Senior Member
While I am not a NJ lawyer, I do not know of any state in which the owner - landlord must give the tenants notice, or get the tenants' approval to sell his property.

The old leases remain in effect.

He has the rights to show it that the old owner had. I doubt that he has the right to just barge in. If he does not it would be illegal trespass.

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S

shortyevans

Guest
As far as I am aware, the Landlord Tenant act provides that If a landlord is going to sell the property, he must give you 30 days notice (month to month) or 20 days prior to the end of your lease.
Landlord does have the responsiblity to give 24 hours notice EACH AND EVERY time he is going to show it (or have a set time of day/week he will allow an open show)
If you are not receiving this notice,
simply write a letter, similar to the one here (of course with your states laws etc.)
PLEASE MAKE SURE THE LAWS IN YOUR STATE ARE SIMILAR TO WA REGARDING THEIR LANDLORD TENANT ACT. (You can go to www.tenantsunion.org (wa site) for a link to your states laws.
try a letter like this. It should catch some attention.

Dear <name>:

The Washington State Landlord-Tenant Act specifically forbids you from entering my unit without my consent, except in the case of a bonafide emergency. On the date(s) of _______ you failed to give me proper notice of your intent to enter my dwelling unit and entered without my consent. RCW 59.18.150 of the Washington State Landlord-Tenant Act says if I give you written notice of an invasion of my rights to privacy and you continue to violate them after receipt of such notice, I am entitled to sue you in small claims court for $100 for each violation.

Next time you would like to enter my dwelling unit to show the premises to a prospective tenant or purchaser please give me the required 24 hours notice. If you would like to enter my unit to do a necessary or agreed upon repair, inspection, or improvement please be sure to give me the 48 hours notice required by law.

Cordially,

<your name>

As for moving out soon, it seems your only option, is to maybe move into another place, and attempt to sue him in small claims court for the back rent saying he violated state law (assuming of course that your states laws are similar)
Otherwise, stay the 6 weeks, and use that as a lesson WELL LEARNED.

 

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