Q: Can we break the lease?
We were just told that the owner is selling the property (4/03/2017) they required a 45 day notice to not renew in June. We ask If we can break lease so we can find a place before the summer boost in rent prices. We were told by the owners middle man to go ahead and start looking and after that asked if end of May would be good. We found a place and put a deposit down so we didn't lose the place told the middle man and he now says to not make any decision until he can talk to the owners (we thought he had). I wonder if we can still break the lease based on the false information given by the middle man? We would not have put a deposit down if we knew it wasn't confirmed.
A: Based on your facts you have reasonable grounds to assert the claim of implied agency which may allow you to break the lease early. The issue is that this can only be decided by a judge. As a result, even if your understanding is correct, you may have to litigate if the current landlord refuses the early termination. In other words, a lot depends of what the current landlord approves and/or is willing to challenge an early termination cum unpaid rent.
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