Legal Question in Real Estate Law in Washington

MY landlord has put my house on the market for sale, And my lease goes until April. We now have realtor calling every day to see the house. WE live in this house and pay a substantial amount of rent, and feel violated having to worry if someone possibly coming over to see the house on any day they would like. The realtors are supposed to call prior but that doesn't always happen. Did the my landlord break the lease? I never agreed or signed anything saying it was ok for him to put the house on the market while I was still residing here.


Asked on 3/09/10, 5:28 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Unless your lease specifically prohibits it, your landlord can put the home up for lease with you in it. Sometimes, that is a selling point for investment property�that it comes with income generating tenants already in it. That said, you are also correct that your landlord or their real estate agent needs to give you 48 hours advance notice before coming over and showing it.

If I were you, I would write a letter, and send it by certified return receipt to the landlord and copy it to the real estate agent for good measure. In the letter, tell them that the Residential Landlord Tenant Act specifically requires them to provide you with at least 48 hours notice before entering the home. Tell them that you intend to enforce your rights, and so no further showings of the home without proper notice will be allowed. Further instances of coming over without notice will be treated as a breach of your lease agreement, which will cause you to give a 20 day notice to terminate the tenancy and leave.

That ought to grab the landlord and real estate agent's attention. That said, be ready to back up your threats. If you don't, they'll never take you seriously again. So, if you are not prepared to move out, don't add that last bit about giving a 20 day notice, and instead leave it with you considering it a breach of the lease and let them wonder what you'll do to seek compensation.

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Answered on 3/15/10, 9:00 am


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