Can I put my house on the market if there are still tenants living in it?

Real Estate 4 views 2 answers
Our house is currently leased and the lease expires in 9 months. Do we have to wait for the end of the lease to list the house for sale? Our lease says, If the Landlord must offer a renewal lease, the Landlord shall notify the Tenant of the renewal lease at least 120 days before the end of the Term unless the tenancy is month to month. The Tenant must notify the Landlord of the Tenant's acceptance or rejection of the renewal lease at least 90 days before the end of the Term. Do we have to wait to notify the tenant that they must vacate 120 days before the end of the lease?

Attorney Answers

2
Alexander O BentsenSocial Security LawyersStaten Island, NY ·
You can list your house for sale. Prospective buyers may want to see the lease. There may be issues with potential buyers. Some may want the tenant some may not. I am assuming you are referring to a 2 family owner occupied house that you live in, which means that the Anti Eviction Act would not apply and you would be able to terminate the tenancy at the expiration of the lease. As would a subsequent buyer. There is no reason why you would not be able to let the tenant know your intent to sell. The 120 day provision you describe does not, as written in your question, state that the tenant must vacate 120 days before the lease expires. It says you must notify the tenant of a proposed renewal 120 days before the lease expires and the tenant must accept 90 days before the current lease ends. It is best to have an attorney review the entire lease. Also, an attorney can assist with providing proper notice, so as to protect your rights and also not to jeopardize any potential sale, in the event the tenant holds over after the lease term ends.
0 upvotes
William Popovich ·
You can put the home up for sale. There are mechanisms for the buyer in which they can take possession to move into the home themselves. The realtor should help you overcome this if they want to get paid.
0 upvotes

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