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Help - Landlord question about right to sell Rental Property?
In preparing a lease for a new tenant, the tenant has asked me to include an amendment that we will not list the property for sale during their lease term (2 years). While we have no intention of selling the property, if some unforeseen circumstances occur and we need to sell, with something like this in the lease, what does that mean? Does it mean we as Landlords are in breach of the lease and if so what then happens to the lease?
FYI... the Two year lease is good for me... the turn over on this property is killing us... we live in FL. I have no plans to sell the home but I also have no control of the future. Tenant just doesn't want to move, I don't think they are trying to be difficult.
9 Answers
- David ZLv 71 decade agoFavorite Answer
it means you cannot sell for any reason. that is a tall order on their part but they are agreeing to a 2 year lease, which is nice. Most landlords will tell them to pound sand.
if you tried to sell yes you would be in breach of lease and potentially could owe damages to tenant.
If you agree to this I would write in language that allows you to sell if their rent payments are late 2 times during the term Once they are late for 2nd time then you have ability to list property for sale. This will serve as additional incentive to pay on time.
- AJLv 71 decade ago
Don't do it. The tenant should not be dicating to you, the owner, what you can or cannot do with the property. Explain to the tenant that the lease remains in effect even if you do sell the property. Also, as a landlord, I would not be doing a 2 yr lease.
I don't know even if that is actuall legal. If you want to know, contact a lawyer on that issue.
If the tenant doesn't like it, just find a new tenant.
Remember, you set the terms of the lease. The tenant can either accept the lease or keep looking.
- Anonymous1 decade ago
Just simplify the entire situation and don't put it in. They have no right to ask for that. You have every legal right to sell your property! The tenant gets no say in the matter.
A sale would not effect them anyway. The lease goes with the property and any new owner would be required to honor it. Point that out to them and don't let your tenants bully you.
Source(s): I'm a property manager - Genuine GuidanceLv 71 decade ago
There are plenty of tenants out there that will accept your lease as is.
I can understand the people wanting to know they will have a place to live uninterrupted for 2 years, but, you need to remember this is YOUR house and you make the rules. Let them go find another landlord who will lease for 2 years and put their stipulations into the agreement.
If it makes you uncomfortable, then that is your gut telling you to NOT do it!
- Geoff BLv 71 decade ago
You ought to have said where you are , like country.
Tenancy terms in the UK are 6 months, then you can either go on another 6 monthly or a periodical tenancy for ever until the tenant is gives 1 months notice or the landlord gives them 2 months notice.
If you don't like the 2 yr clause don't take them on.
- acermillLv 71 decade ago
If you agree to that request, you've made a very poor decision. One never knows what changes life might bring, causing you to reconsider your intentions to not sell. If you sign this amendment, you will be in breach of your agreement with the tenant, and they can bring suit to force you to UNlist the property. Simply do NOT do it. If they refuse to rent from you without it, send them on their way. They will encounter the same responses wherever they go. Their request is unreasonable.
- OthnielLv 61 decade ago
Don't practice law without a license. Consult a local real estate attorney and have him or her draft a lease that is satisfactory to both tenant and landlord.
- realtor.sailorLv 71 decade ago
Why should your tenant care whether or not you sell? A new owner would take title SUBJECT to your leases. Tell your potential tenant to take a hike!
realtor.sailor
Source(s): I'm a property manager