Appellate Practice Attorney serving New York, NY
There may be other reasons why you can't put a for sale sign up, like zoning regulations, but unless your lease says you can't do it, the fact that you have tenants is not an obstacle. However, until and unless you either agree with your tenants to terminate their lease, or go through the court process to terminate the lease, you can only sell the house subject to the lease. In other words, someone can buy the house, but they would still have to honor the lease. If you represent to the buyer that you have full unencumbered title to the house, you may be committing fraud.
Answered on Dec 12th, 2013 at 5:40 PM