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Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 102597
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I entered into a lease agreement with potential renters beginning

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I entered into a lease agreement with potential renters beginning in December 2014. They have not occupied the home. Now I have been offered an amount to purchase the house at a price I want to accept. I have notified the potential renters and returned their deposit money. He is starting to talk about suing me. The rental agreement does state that I was allowed to show the premises to buyers or possible future renters.
Submitted: 3 years ago.
Category: US Law
Expert:  Ely replied 3 years ago.
Hello friend. My name is ***** ***** welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.
I am sorry for your situation. Can you please clarify:
1) Was the lease supposed to begin Dec 2014? Or earlier (when)?
2) Have they accepted the deposit money, or not?
3) Does the lease agreement allow the landlord (you) to break the lease if a sale offer comes along?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

The least was supposed to begin on Dec. 1, 2014. I do not know if they have accepted the return of the deposit money. It was just mailed today in the form of a cashiers check. The lease agreement does not specify what will happen if a sale offer comes. It only specifies that I have the right to show the place for sale. Indications are that they are preparing to rent another place but the threat of a suit is still hanging there.

Expert:  Ely replied 3 years ago.
Thank you.
On this website, I do not always get to give good news, and this is one of these times. Thank you in advance for not “shooting the messenger.”
If the lease has already been signed, then both parties are under contract. You could not break the agreement any more than they could. This is true even if the property is to be sold (if so, the new owner would simply be the landlord and the tenants would have the tenancy with him). Of course, the buyer would have to be notified of this prior to sale.
You did indeed breach the contract here, I am afraid. They have the right to enforce this contract, which means they can potentially sue for breach of lease and get the difference between this contract and what it would cost to find a comparable property close by.
Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear, because this would be unfair to you. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.
I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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