Legal Question in Landlord & Tenant Law in New Jersey
Landlord & Tenants
I rent a house to my best friend and I have given her a pre-signed copy of our lease agreement for next year. We have been going through an extremely difficult period and
I am to the point that I don't want to rent the house to her any more. The Lease runs from December 1, 2006 through November 30, 2007. As I said I
have given her a pre-signed lease in August. If she signs up for another year would I still be able to sell the house or do I have to wait for the new lease to be up on November 30, 2007?
1 Answer from Attorneys
Re: Landlord & Tenants
Whether you realize it or not, you have two distinct issues:
1. The pre-signed original of the lease means nothing unless and until she signs it and notifies you that she has done so. If you want to withdraw from that arrangement, send her written notice that you are withdrawing your offer to lease the house. Do not let her know that you intend to do that before it is done; the withdrawal must come before the acceptance. I strongly recommend that you have a lawyer write the letter for you and that you do that all ASAP.
2. You can sell the house at any time. Her tenancy does not interfere with a legal sale. However, it may be that a tenant-occupied property is of interest only to buyers looking for investment property. There is no legal impediment; there may be market constraints.
See also: http://info.corbettlaw.net/lawguru.htm