[PSUMAN99]

Hello,

I am renting a townhouse in Harrisburg Pennsylvania with my lease ending August 2007. My landlord has decided to sell the property. I want to know:

1) If he sells the property, is the buyer still obligated to honor our lease (in other word can they throw us out before August)?

2) How much access to the property do we have to give the realtor? The realtor gave us about an hour's notice before coming over today. They also want a key to our property. I'm not sure I am comfortable with strangers walking through my home when I am not there. Do we have to provide them with a key?

3) Lastly, I took down some out of date lighting and replaced it with more modern lights. My lease says that I have to replace the original lights before I move out, but my landlord wants me to replace them now so that potential buyers "know what they are getting". However, I am still living here and the old lights are unattractive. Can he force me to change the lights before I officially move out?

Thank you for your help.

Chris

[Fr_Chuck]

1. Yes the new buyer has to honor the lease, The new buyer will receive at closing your deposit from the seller. So they can not "throw" you out

2. Notice will depend on what your lease says, 24 hour notice is normal

But normally the landlord ( who would have a key to your house) would supply it. And yes it is common for them to have access to a key, because if you are not going to be home, they will have to come in and show the home. Lets say they call and say tomorrow we will show it at 3 pm, and you are going to be at work, they still get to come in and show it.

If the buyer believes he is buying those lights, there could be an issue latter with you taking them with you. If the lease allowed you to change them, he can not force you to change them, But of course this has to be made clear to the buyers, since if they buy it, they may think those are thiers and hold you responsible for "taking them"

[excon]

Hello Chris:

1) The Padre is right on.

2) The fact that he must give notice implies that you can refuse, and YOU CAN. 24 hours is reasonable, and I would refuse ANY notice less than that. I would also refuse to let them in when you weren't there.

3) No, he can't force you. However, if the landlord wants you to replace them now, tell him you'll be happy to for a 20% reduction in your next months rent.

4) EVERYTHING IS NEGOTIABLE

excon

[landlord advocate]

1. The new owner will assume your lease. If the new owner intends to live in the house himself, he may offer you a buy out to leave early. Be sure you always pay your rent on time, because if he wants in himself he may be looking for an excuse to serve an eviction.

2. The lease probably states that the landlord has a right to access for selling, with a 24 hour notice. A realtor can not show the property without giving you a 24 hour notice. Why not call the landlord and set a specific time each week in which the realtor can show the property. Maybe this is a 2 or 3 hour window on a Saturday or Sunday afternoon, or maybe it is a 2 hour window on a Wednesday evening. Whatever is convenient for you. Other than those hours, let the landlord know that it is unacceptable. This may be OK with the landlord. If he knows specific times that he can tell the realtors in advance, it may be all he needs. This will also cover the key problem. Since a specific time and day of the week has been agreed upon, giving the realtor a key or putting a lock box on the house will not be necessary.

3. Light fixtures: Since you will be there when the house is shown, you can make a comment that the current light fixtures belong to you and that the originals will be hung before you leave. It might be wise to put something in writing between you, the current owner and the owner's realtor. Make sure everyone is aware of what light fixtures belong to the owner and which ones are going with you when you leave.

It may not seem to you that you have the upper hand. But you do. What you say to a potential buyer and how clean the house is kept are important factors and can make or break the sale of this property. The current owner is hoping you will cooperate. Make it work for you.