Legal Question in Real Estate Law in New Hampshire
We live in New Hampshire, and are in the middle of a one year lease. Our landlord has listed the house we are renting for sale, and we are constantly getting appointment requests (at least several each week). Is this grounds to break the lease under the Quiet Enjoyment clause? Can we just refuse to allow them in, or make them wait several days? We do have to consent, correct?
1 Answer from Attorneys
The answer to your question starts with an examination of your lease. Does it state anything about showing the house to prospective buyers? Does it include any language about inspections or when the landlord may visit the property? If the lease is totally silent on these items then the general rule is that the landlord may enter under emergency situations or with your permission. Depending upon the terms of the lease, you may not have to make the place available for showings if they interfere with your occupancy.
Perhaps it would be a good idea to just talk with the landlord and see if the two of you can work out a comfortable situation so he can show the place with plenty of advance notice and so as to minimize any inconvenience to your family.