Jun
01
can you break a lease if you sell your house?
By
I own my house, but rent the property. Can a break the “property” lease if i sell my home?
(State of Florida)
I own my home and currently living in it. I do not own the property on which it’s on, and paying rent for the property (i live in a community).
Can I break the “property” lease if my decide to sell my house?
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5 Comments
June 2nd, 2010 at 11:39 pm
The lease does not apply to the new owner. So, yes.
June 3rd, 2010 at 8:30 pm
the leasre remains valid
the lease sells with the house. the buyer is now the landlord and has to abide by lease.
at closing you will need to give buyer any security deposit you have collected and may have to pro rate rent you have collected for the remaining part of month that you will not own property.
June 4th, 2010 at 11:44 am
in most states and jurisdictions, the tenant has the right to continue under the lease for the remainder of its term at the original agreed rent, etc.
a qualified attorney will examine your case and tell you if you meet one of the (very few) exceptions.
June 7th, 2010 at 8:33 am
No you can’t. You will have to try to make a deal with the current tenants to try to buy out the lease. However, it is up to the tenants as to whether to accept the offer or not.
June 8th, 2010 at 4:07 am
NOPE.
The lease is legally binding on you and tenant. It transfers to new owner, and remains binding. You transfer security deposit to new owner and notify tenants of new LL.
You can always breach a lease, but there are legal and financial consequences for so doing. You could try to buy tenant out of their lease, immediately returning to them their security deposit upon vacation, instead of waiting, and a payment of 1/2 month’s rent for their inconvenience. Or full month.
When you listed the house did you list it as rented and subject to lease? You should have! Didn’t you and realtor discuss this?? What about your attorney?