Landlord Terminating Lease Before Move In

[Tim Stover]

Hello BP,

I'm asking this question on behalf of a family member.  Family member + friends have signed a one year lease for a new construction home starting November 1.  They received a notice yesterday that the house has been sold and they need to sign the release form to receive their security deposit and first/last months rent back.  I reviewed the lease and there is a section saying "Landlord will try to give tenant 12 hour notice for any showings" which I believe violates the law requiring 24 hour notice to show property?  There is also a clause stating "If landlord sells the Property during the Lease or any Renewal Term, Landlord has the right to terminate this lease if Landlord gives at least 30 days written notice to Tenant.  Tenant is not entitled to any payment of damages."

It seems to me that after signing the lease with this clause, they do not have a recourse?  Please advise.

[Thomas S.]

The landlord could also react by making your life difficult by locking you out of the property. Your friends could take him to court and get compensation months down the road but this does not change the fact that as of Nov 1st they would have no place to live. Their best approach would be to try to negotiate some form of additional compensation rather than fight to get temporary access to the property.