Legal Question in Landlord & Tenant Law in Florida
This is a Landlord, Tenant issue: Rented house is for sale. Tenant knew and acknowledged, before entering into contract, that the property is for sale. Tenant agreed to cooperate to show the house with 24 hours notice and requested to be present. For the 3rd time in a row tenant when notified on showings, comes with an excuse to not to be available and changed locks without notice.
This is what the contract says: "Landlord has the right of access to the leased premises at any time for emergencies and access during reasonable hours to inspect the property or, at reasonable times, to show property to a prospective buyers. The Landlord may show the premises to buyer prospects on 24 hours notice to Tenant. Tenants acknowledge that they have been informed that the house is for sale and Tenants promise to cooperate with Landlord in all possible ways to have the house sold including by keeping the house presentable for showings"
-- further in the contract, another clause says "If Tenant fails to comply with the provisions of this Lease, except Tenant's non-payment of rents, this Lease may be terminated by the Landlord if the non-compliance is not corrected within 7 days after delivery of a written notice to the tenant specifying the non-compliance and indicating the intention of terminating the Lease if correction is not made.
An addendum to the contract says: - "The lease term shall be 12 months or until the house is sold, whatever comes first." and .. "Any showing at the home, Tenant must be present during the showing".
How can Landlord enforce the contract to assure tenants will cooperate on showings or eventually ask for termination of the lease case Tenants do not do so?
1 Answer from Attorneys
You have a problem in that there is a conflict between the addendum and the quoted lease provision. If the addendum came later, I'm not sure you will be able to show the home without the tenant being present. It probably was not in your best interests to agree to that. Anyway, I recommend that you have an attorney review the lease if the tenants become uncooperative. Regards,
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