Can my landlord show my apartment to prospective buyers without my approval?

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Can my landlord show my apartment to prospective buyers without my approval?

I signed a lease on an apartment 2 months ago. Today my landlord came in with prospective buyers to see it. He never mentioned such a situation being possible when we spoke about the lease. If I’ve had known I wouldn’t have chosen this appartment. He informed me that he will keep doing that, calling it a standard procedure. Do I have grounds to brake the contract without loosing the deposit?

Asked on June 4, 2011 under Real Estate Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Absent you express permission, unless there is a provision in the lease that allows a landlord to enter the apartment to show it to potential buyers and/or tenants, an existing tenant does not have to allow their apartment to be shown under the warranty of the "Right to Quiet Enjoyment" which means that a tenant has a right to be left undisturbed as long as they continue to pay their rent.  If they continued to be disturbed after notifying the landlord, then they can claim a breach of this right and a possible remedy would be termination of their lease.

However, this can all get a bit technical.  So a tenant is best advised to consult with an attorney that specializes in landlord-tenant matters, or at least speak with a tenants' rights advocacygroup. If not done correctly, breaking a lease can have  both negative legal and financial ramifications for a tenant.


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