Legal Question in Real Estate Law in Virginia
Tenant's rights and property sale
My husband and I have signed a 1 year lease and are 6 months into it. Our landlord has recently decided to sell the property but will not release us from the lease. We are expected to keep the townhouse in model condition and allow perspective buyers and agents to enter our home. I am extremely uncomfortable with strangers entering my home without my presence. They have agreed (orally) not to place a "lock box" on our door as long as I am willing to be available between the hours of 9 am and 7 pm every day to let people in (I work full-time 15 min. from home). I want out of this situation. I feel it is extremely unfair and unrealistic. Can I legally be released from this lease? The lease does state that the landlord has a right to enter and show the property to perspective buyers. If I am ever unavailable to let people in, I fear they will install the lock box and/or simply let themselves into my home (the landlord's realtor has a key). Do I have any rights? I have not found any info. about others in this situation. Please help.
1 Answer from Attorneys
Re: Tenant's rights and property sale
It depends on the exact language used, and how a judge might interpret it. You should consult with a lawyer. If the lease does not say that you have to keep it neat, consider messing it up a bit. Then ask the LL to let you out of the lease.
I would read the language you used as allowing the LL to show the house, not real estate agents. I think you would be within your rights to insist that the LL be there. Then there would be no need for a lockbox. But again, all of this depends on the exact language of the lease, so see a real live lawyer.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302