Selling house prior to tenants moving in?
I signed a lease on 6/21, when I called to inform the realtor to take the house off the market she told me she had a buyer for the house on 6/22, I then called the tenants to inform them I would be selling, They have no copy of the lease and I still have the check that is dated 7/1. I am in Virginia, they are not moving in until 7/1 am I able to get out of this lease?
Tags: realtor
July 15th, 2011 at 2:49 am
If it has been signed then no you cannot unless the tenants agree. A lease is a legal contract that can only be cancelled if all parties agree. BUT! The lease will follow the house & the new owners will also be bound by it.
Why did you take a post dated check? You don’t have the money in your hand yet and very well could be bound by a lease. I’m glad for your sake that you sold the house because you are obviously a newbie landlord and could have ended up in a bad situation.
July 15th, 2011 at 2:49 am
Have your tenants signed the Lease? If they haven’t then legally you probably can get out of it – but you have taken their cheque which in itself can be seen as part of a contract. Morally, it’s very unfair on your tenants. If they have signed the Lease then no you can’t.
Anyway – your buyer may not actually proceed.
July 15th, 2011 at 2:49 am
If they cannot produce a copy of the lease, technically no contract exists. That said, do something for them as opposed to screwing them a week before they are supposed to move (since the only reason they don;t have a copy of the lease is b/c you did not provide them with one – as you legally must). If there has been email/text contact, that may be admissible in court in your state if they sue you.
July 15th, 2011 at 2:49 am
"She had a buyer for the house on 6/22." That doesn’t obligate you to ACCEPT the offer. In other words, YOU want to back out of the signed lease agreement. What does it state about landlord early termination? Potentially, they could sue you.
July 15th, 2011 at 2:49 am
How badly do you want to sell thehome? If you want the home gone, explain what has happened and give the tenants a little $ for their trouble.