MarshallPS's Profile
Author's Posts
October 2, 2009
Right of Entry
We have 6 months left in our lease and our landlord has decided to sell. He is talking about having open houses and giving the listing agent access to our unit. We have a standard condo rental agreement, so we understand that he can come at reasonable hours to show the unit. Do we have the right to ask for/expect notice prior to people arriving? Do we have to allow our apartment to be available for multiple hours on multiple weekends for open houses for the next 6 months? I could understand if we didn't resign our lease and this was going to happen for the 30 to 60 days prior to the end of our lease, but 6 months seems a bit much. The section in the lease that allowed 30 days notice for the sale of the unit was removed and agreed upon at the beginning of the lease, so we are able to stay in the unit until the end of the lease. What are our rights/expectations in this situation?
Author's Comments
He is selling just our condo. There are multiple condos in the building. He owns only this one.
Posted by: MarshallPS at October 2, 2009 11:56 AM in response to Right of Entry
Thanks. What about allowing pictures of the unit with our belongings in it to be posted on the realtors' web site? Do we have to allow it?
Posted by: MarshallPS at October 2, 2009 11:30 AM in response to Right of Entry
Responses to Author's Forum Comments
He is selling just our condo. There are multiple condos in the building. He owns only this one.
Posted by: MarshallPS at October 2, 2009 11:56 AM in response to Right of Entry
If he holds open houses, request him to pay for renters insurance and also ask for $$ compensation for the time during which he's holding your place hostage.
Posted by: Stonergut at October 2, 2009 12:11 PM in response to Right of Entry
Regarding open houses, there's a security issue there not just a question of convenience. It's one thing to allow the realtor to give private showings to people who are serious buyers whose contact information they already have, it's another to throw open the doors to the public and the looky-loos. It's impossible for the realtor to always keep an eye on everybody. I'd never allow it as a tenant. And if the owner insisted on open houses I would insist on being there to look out after my stuff.
Posted by: traditionalmod at October 2, 2009 12:17 PM in response to Right of Entry
I'm not sure about your rights in that case. I would probably consult a lawyer because unless this sitation is spelled out in your lease, there is going to be a lot of gray area and you will probably need to be aggressive to protect your right to quiet enjoyment of the home.
A lawyer could help you understand what you can expect and a letter from a lawyer would let your landlord know that you mean business and don't plan on being constantly inconvenienced. Obviously it is in the landlord's best interest to show the apartment as much as possible in order sell before the lease is up in 6 months, after which point he'll probably start to lose rent money on his investment. What's best for him with regards to selling the apartment, in this case, is completely at odds with what's best for you.
Posted by: setancre at October 2, 2009 12:22 PM in response to Right of Entry
That seems pretty rude. Is he offering you the option to end the lease early so he can sell? It seems like quite an imposition. Definitely no open house and 24 hour notice prior to visits.
Posted by: Maly at October 2, 2009 12:28 PM in response to Right of Entry
You have some leverage too, if the landlord is being unreasonable then go ahead and let him show the apartment but feel free to leave the place a mess so it shows poorly
Posted by: sweetlou at October 2, 2009 12:31 PM in response to Right of Entry
You have more control than you think. You can make things very difficult for your landlord ie. leaving something special in the toilet before the showings. This is of course if he doesn't want to reason with you. It's all a compromise. If you don't give accesss he'll be a pain in the ass for the next six months, if you do give access it should be within reason. If anything were to happen to your stuff sueing the landlord will hold up any sale so he doesn't want that. The 6 months is reasonable only because it can take that long to sell in this market....I would come to an agreement of a window each week they can bring prosepective buyers through, this way you can have control and not expect any random calls to show spur of the moment.
Posted by: IrieMan at October 2, 2009 12:34 PM in response to Right of Entry
I'm a LL and I would always show consideration for my tenants and their schedules when showing an apartment. I'm not sure what the legalities are but common sense and decency should prevail.
Posted by: henrycurtis at October 2, 2009 12:36 PM in response to Right of Entry
Before moving forward with a letter from an attorney I would schedule a sit down with the owner to address some of your concerns about the situation, especially the security issue. There is no reason to begin discussions in a threatening manner - save them as a last resort.
The landlord more than likely has the legal right to enter the apartment given advanced notice - so you don't want to start a fight you can not win. That said, I know of similar situations where the tenant/landlord relationship soured and believe me, you can make it very difficult for the place to sell by pointing out all the negatives of the unit.
Posted by: WrathOfGates at October 2, 2009 12:46 PM in response to Right of Entry
A standard form lease gives the landlord the right to enter the apartment to make repairs and sometimes to do an inspection. The standard form lease allows the apartment to be shown 30-60 days before the lease expires. Reasonable notice is a couple of hours not 24-48. An open house may or may not be allowed. If both parties sit down and are reasonable they should both be able to work this out. The landlord is not giving you a renewal anyway. What he can do? By the time a court hears his case months will have gone by. be reasonable give him a call and tell him you want to work out a reasonable accommodation. If he wants to have an open house all day he should buy you dinner.
Posted by: smeyer418 at October 2, 2009 12:56 PM in response to Right of Entry
It's actually this one. It's the standard condo lease. See section 11.
http://www.tregny.com/pdf/condo_lease.pdf
Posted by: MarshallPS at October 2, 2009 3:31 PM in response to Right of Entry