Comments on: Landlord put rental home up For Sale in middle of our 1 yr lease ?

By: Sagebrush Kid

Sagebrush Kid — Tue, 19 Jan 2010 22:51:59 +0000

First, most state require 24 notice to show. They do NOT require that you be dressed and not making whoopie on the couch when the Realtor comes by, or have dirty dishes stacked in the sink. Catch my drift?

I would approach it this way. "Look, we’d be happy to cooperate with you in selling your house, but we’re paying rent on the place and deserve QUIET ENJOYMENT (i.e. to not be bothered) Why not compromise? How about a reduction in rent for our troubles, and we’ll make sure the place is neat and clean for your showings. You agree to only show to qualified buyers so the calls are cut down considerably. We’ll take 20% off the rent."

I would approach it from the friendly angle first. No cooperation?

2-7 calls a week is ILLEGAL in most states. Look up QUIET ENJOYMENT to see what I mean. Sue the bastard.
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By: Classy Granny

Classy Granny — Tue, 19 Jan 2010 22:44:59 +0000

You can ask, but I doubt you’ll get a reduction. Your landlord can put his property up for sale anytime he chooses. They can schedule as many showing as they want, but you must be given 24 hours notice before each of them. If it were me, I’d keep the house looking decent at all times, lock away anything of value that would be easy for someone to take or store it away from the house. This way you don’t have to be there when they show. In the meantime, be looking for a new place to live. Good Luck.
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I am a landlord

By: goz1111

goz1111 — Tue, 19 Jan 2010 21:59:59 +0000

Going to agree with above posters on this one: First, you have no legal obligation to field calls in regard to the sale of the house, My bet its not in the lease, nor would it be deemed a reasonable if it was, so I would advise the landlord and real estate agent that first you will not be fielding calls, it’s the landlord’s job to field filter the calls, next you will be holding every one to reasonable notice to show: most likely its 24 notice, but also depending on state case law it maybe even limited further to m-f 9 to 5 only,
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By: schwildcat1977

schwildcat1977 — Tue, 19 Jan 2010 21:19:59 +0000

It is his property and he has every right to sell it and you are not entitled to any compensation or rent deduction. Not fair – but legal.

Your only rights in this situation are that the Realtors should not be calling you directly, and you need to be given 24 hrs notice of ANY showings. If they are not giving you proper notice, they are breaking the law.

Talk to him and see if he will let you out of your lease early without any penalties because having it empty would be to his advantage when selling.
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By: estielmo

estielmo — Tue, 19 Jan 2010 20:45:59 +0000

Carefully read your lease for any clauses that apply to the sales of the house. If there are none I would state in no uncertain terms that you expect full compliance with the "24 hour notice" terms of the lease at all times and you will field NO CALLS or visits except from/with the listing agent. I would tell them that you will negotiate a reasonable fixed schedule of availability – perhaps offer every other Saturday as an open house. Under no circumstances allow a lockbox.

You do have some leverage, as it will take them months and considerable effort to get you evicted if you fight it properly. During all this time the house will be unsellable.

If you can’t come to terms ask for release from the lease and start looking for a new place.
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By: Tom P

Tom P — Tue, 19 Jan 2010 20:23:59 +0000

I would consider this to be an unreasonable entry, and you have no obligation to take calls from the realtor, or to schedule appointments with the realtor. If your life is being disrupted, I would ask for a 50 % reduction in rent, or refuse to work with the realtors at all. If your landlord gives you a hard time about this, contact your local housing commission.

You might also consider buying the property yourself. It sounds like it may be distressed and you may be able to get a good deal.

Good Luck!
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By: gcason

gcason — Tue, 19 Jan 2010 19:34:59 +0000

Check your lease. They probably have to give you 24 hours notice before showing. That should help.
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By: benjaminjamesrogers

benjaminjamesrogers — Tue, 19 Jan 2010 19:09:59 +0000

look at your lease….most likely this is just going to be your inconvienceance…you most likely WONT get a reduction in rent…although they most likely do have to give you 24 hours notice before a visit
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