Eugene, OR asked in Landlord - Tenant for Oregon

Q: The owners of our rental house want to sell house despite fix termed lease with rental agency. Do we have any rights?

Our rental agency was contacted by a realtor representing owners that apparently decided to sell. We were told people will start coming to view the house and once it is sold we will be issued a 60day notice, breaking the fixed term lease we had with the agency. We hadnt planned to move so fast and now face being forced to. We will have to scrape money together for moving fees and another round of first and last months rent and security deposit for whatever place we can find. Also had to hire special movers to get my pool table here and will have to do that again unexpectedly. We had a fixed term lease and had hoped to renew that but now we’re packing and trying to find another home. Not good for my bad health and ptsd especially with strangers coming in To view it whenever they want. Do we have to open our home for them to show possible buyers? Are we trapped till they issue our 60day notice? Do we have a leg to stand on at all with this?

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1 Lawyer Answer

A: Absent some sort of very unusual provisions in your lease, the owner can only sell the property subject to the your fixed term lease and not terminate it early. Further, you DO NOT have to allow the realtor's to parade hordes of people through your home. The owner may still make occasional showings, with at least 24 hr advanced notice to you, but not so frequently as to harass you or otherwise interfere with your right to quiet enjoyment of your tenancy. You are free to prohibit any particular entry, even if they do provide 24 hr. notice. Simply say no or you can post a notice on the door telling them not to enter. If they do anyway, and you can prove it, it may be worth a month's rent to you plus your court costs and attorney's fees. Understand you cannot blanketly prohibit the showing of the house but you can deny entry so long as you do not do so unreasonably. I recommend providing an alternative date/time when you say no to their proposed entry ("No tomorrow is inconvenient but you can show the house on Saturday between 2 and 4 p.m. to as many prospects as you wish"). They will have a devil of a time convincing a Judge you are being unreasonable in denying entry if you have offered alternative times. Realtors particularly tend to try to push tenants, even threaten them. Don't be bullied.

Another way of dealing with all this is to offer to move out before the end of the lease in exchange for the landlord contributing towards or paying in full your moving expenses. Or you can enter an agreement to allow the landlord to show the house X times a week, or without 24 hours notice, or whatever the two of you can agree to in exchange for paying you for that right. Or you can simply refuse to allow anything more than the minimum showings - your choice. Nor can the landlord or realtor require you to keep the dwelling especially picked up, clean, or require you to leave during the showing. If they want you to, and you are willing in principle, again, let them pay you for your efforts. If you have problems or questions, review everything in detail with a local landlord-tenant attorney to confirm your exact rights in this situation. You may also want to have them review your existing lease to be sure it does what you think it does. Best of luck.

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