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

UPDATED: Jun 4, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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