patrick.net

The bottom line is that you get to call the shots... though it may say somewhere in your lease that that landlord has the right to enter the home with sufficient notice.

You sound like you have been way more than fair with the owner and realtor. More than I would have been.

My advice is that you should draw the line in the sand with the realator and don't give an inch. They are going to take advantage of your time if you let them... they are so used to walking through people's living spaces and lives that they do not think twice about intruding upon yours. You control when and how the house gets shown... it is a big hassel for you and your family, do not make it simple for them.

Also, you can ask for a reduction in rent for the time and energy you place into allowing the property to be shown. Bill them for all money you have spent getting THEIR property ready.

We have just spent many hours of our own time and money making the home show ready.
Gina, you seem like a decent person and this is going way above and beyond the call of duty. Your landlord is inconveniencing you because he was an idiot. I would check with the County Recorders Office and see if a NOD has been filed on your rental property. If not, the home is unlikely to be foreclosed before the end of the school year. Can you let us know if your lease is for a fixed term or month-to-month. I totally agree with damenace. Put your landlord and relitter on notice that you will be billing them for your time; I imagine that will cut down on a lot of their nonsense.

I appreciate the advice, but would still like to see it in writing, surely there is a law or agency in California that regulates this?

I think 24 hour notice 9-5, on weekdays sounds reasonable, but should the listing agent/or representative be there with a pre-screen qualified prospect to show the house?

We had complete strangers walk in on us twice, a third tried but the door was locked, other without realtors showing a ringing the doorbell.

This is a major inconvenience, invasion of privacy, safety and security issue, and should have some form of state or federal law regulating this.

Anyone know of such an agency in California?

My understanding of tenant law is that the tenant is paying for the right of peaceful enjoyment of the property. Realtors who show up without notice or appointment should be treated as solicitors selling something (vacuum cleaners, religion, etc). If you choose to answer the door, inform them that this is an inconvenient time and ask them to make an appointment.

Just because the home is listed for short sale doesn't mean you should get treated like crap. You're paying rent for a place to live, and you have a right to quiet enjoyment of that living space.

Your landlord and or property manager, and possibly their assignees (Listing agent realtor) could reasonably be forced to provide you with 24 hour written notice prior to entering your home. Your actions of letting the realtors show the home without written notice is a courtesy you are providing.

Keep in mind many Short Sales drag on for many months. Establish a reasonable expectation immediately that you can live with or possibly you'll be walked over (and your house trampled through) for months.

A realtor/listing agent's job is to show your house. There are times a prospective buyer wants privacy to discuss a home with the buyer's agent during a walk-through. Such time's call for appointments, and at no time would I suggest you open your house to anyone without a realtor. Those who are "just curious" are possible buyers, but not credible.

In a similar situation with 18 months left on a 3 year lease (in Colorado). The lease does not require showing the home until 30 days before the end of the lease and does not include any clause about selling/transferring it before the end of the lease. We are told by the selling agent that any buyer must honor our existing lease to end of the term, and "subject to existing lease" is shown in the listings, but I am looking for the legal reference stating that. I know that is true under PL 111-22 once the house is foreclosed, but what are the tenant rights if home is sold prior to foreclosure?

Gina,

You are trying to be too politically correct. Nice becomes stupid when nice hurts the person being nice.

I would turn away all requests to see the property, let that roast in the oven a bit, and then let the landlord do the research to find out what the law is, and have him show you the written law. That's his job, not yours.

Get off this web site and stop doing your landlord's job. You do enough for him by paying high rent on his property where you have no privacy anymore.

Your landlord (unconsciously?) screwed you by deciding to short sale instead of walk away from his mortgage. His credit history will be toast either way. If he walked from the mortgage you could have continued paying him a more reasonable rent and he could have had free income for several months to help him get back on his feet financially.

That would have been the politically correct thing to do. Now you're both paying money to a commercial bank that doesn't deserve the money, and your living situation sucks.

Start looking for another place ASAP because you're going to end up evicted anyway if you stay. Why put yourself through this when you can just move and have a quiet, peaceful life.

Well, a quick Google search turned up this.. http://www.caltenantlaw.com/ForSale.htm

Your right to possession is subject to a very narrow exception, identified in Civil Code 1954. At first, these seem like petty quibbles, but their strategic value will become apparent. Here's the actual statute, highlighted:

§1954. Entry by Landlord
(a) A landlord may enter the dwelling unit only in the following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.
(c) The landlord may not abuse the right of access or use it to harass the tenant.
(d)(1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

(3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time of entry.
(3) After the tenant has abandoned or surrendered the unit.

We all know the landlord isn't going to follow the law, as it's too tedious (section 2, above). He'll instead prey on your political correctness and ask if he can circumvent the law and have the RE agent shoot you an email the day before they want to show the house.

Since you don't seem like a person who can handle conflict with a landlord, you should move ASAP. Otherwise, stay and learn how to be a pain in the ass to your landlord.

If you are in California there are very good tenant rights. Landlord can't just constantly keep on showing the house to sales people. Tell the guy to stop charging you rent if they are going to be this invasive. He has to be reasonable.

Legally he can't touch you for 6 month anyway, thats California tenant rights. I've seen tenants get ticked off and not pay rent for 6 month and than move out. It happens more often than most think.

This thread is a year old. Gina needs no more advice.

vminken says

Do you recommend any California attornies to repesent tenants in a short sale situation?

Sorry, I don't really know the qualifications of any particular lawyers.

Gina may not need the advice anymore but I sure a hell do!! Only I'm in MAssachusetts, not ca.

I'm a 36 yr old singlw white female living alone as an 8-9 yr tenant in good standing. My landlord died of cancer in October 2011, her kids are just now selling the house. I have to work with the daughter of the landlord and she is an idiot but I have to work with her so I can't start a battle.

The realtor is becoming a complete pain in my backside almost DAILY. between the realtor and the rep for my landlord (her ridiculously intrusive, sexual-harrassing brother-in-law/dirty old man) they have left EVERY SINGLE ONE of my entry doors unlocked when they have entered my home when I was not there. landlord/co-worker just recently started giving me at least 24 h notice of any entry because I was complaining from the 1st incident that I wanted 24-48 hours notice of anything intrusive. (She told me at 12:50 pm there was "an open house tonight at your apt. around 6 or 7 pm" when I complained that wasnt 24 hrs notice she said "there was an open house last night but you didn't know so they didn't see your place so it's tonight" and "You knew we were selling the house so..." this is all taking place August 2012 !!!! mind you, I work until 6:30pm every day so I couldn't even clean up for an open effing house. PISSED TO THE GILLS!!!!)

Not to mention that the dirty old man brother-in-law tried to molest me on 2 occasions. He basically took advantage of my hospitable nature and popped over unannounced to "visit" me- (as if I effing wanted a creepy visitor at all) ON NUMEROUS OCCASIONS leading up to trying to molest me just before and after his mother in law died of cancer in October. I expressed my distaste to my landlord/coworker/nutjob and said he better stop coming to my house. HARASSMENT BY CREEPY ASSUMED SUPERINTENDENT--- is there a law against that??!!!

Anyway, back to the idiot hick realtor and retarded landlord(s) and their reps... who left my door unlocked on 4 separate occasions in August 2012... I told the realtor and my landlord (on written text) that "I request to be present when you are showing my apt" and why and my landlord has been told on several occasions that "I want at least 24 h notice of ANY inconvienience or intrusion of my personal space." I have been 100% clear.

Yesterday morning the realtor wanted to show at 1030 and 11am. I told her I had to leave at 11am for a dr appt then work. She thought she could just apologize for leaving my door unlocked and I would be ok with her coming in my place to show people my messy apt (i had a recent bad ankle injury and have not been able to do as much as I wanted with housework and purging before sale/ move/ whatever I'm getting ready for I HAVE NO IDEA). and she kept asking if she could show a THIRD client as I was getting ready and running out the door.

I didn't have time to argue or want to in front of client(s) that were THERE so I told her to "lock it up and that the back door needs to be tightly closed" (the thing sticks and you have to slam it closed, I found it not closed all the way when the molester was in my apt with the fire dept while I was at work tuesday this week grrrr : incident #4 about the open/unlocked apt. Incident #3 was this past sunday from realtor showing while I was visitng my father all day)

TODAY she text me at 12:28 pm that she "wants to show tomorrow at 2pm" (while I'm at work!!!) then text me again at 12:44pm that she "got another request for TONIGHT between 5:30 and 6pm " I'm LIVID. !!!!! it gets worse

I texted a reminder that "I want to be present when showing" [my personal space that keeps getting violated and exposed to wtf ever] and that "I will be working at 2" (not "going to work"! WORKING AT 2"

at 6:21 pm tonight she texted "I tried to get the people coming tomorrow to come at 1:15..."

WTF!!!??? Anyone ever seen the movie idiocracy?

WHAT DO I DO? I feel like this is an invasion of my space and I'm pissed off all the time. I'm making my requests CLEAR and I'm not being unreasonable!!!! not only this, the molester has been here and I think he's in town and I'm very very uncomfortable. Why is the realtor or landlord asking me for things every stupid day???
I'm a very private person. I don't like people visiting or traipsing through my personal space that I don't know and leaving it unlocked because they are stupid inconsiderate a-holes. the 2 houses next door to my house have had break-ins recently. Do I have to put up with this just because they want to sell as soon as possible????????? Help!!!

KweenofRocknRoll says

WHAT DO I DO? I feel like this is an invasion of my space and I'm pissed off all the time. I'm making my requests CLEAR and I'm not being unreasonable!!!! not only this, the molester has been here and I think he's in town and I'm very very uncomfortable. Why is the realtor or landlord asking me for things every stupid day???

Most of us aren't lawyers here and I doubt many of them practice in MA.

While potentially a lease violation or illegal I'd probably change the locks and make it physically impossible for your landlord's real-estate agents to do the wrong thing.

If I was talked out of doing that I might be depressed enough to be a bit lax about hygiene and cleanliness. Newspapers all over, dirty dishes in the sink, un-flushed toilets. I'm a guy so I have a lot of tolerance for that sort of thing.

Or I might only be bummed enough to stop answering phone calls from numbers I don't recognize. It wouldn't be my fault if some one decided to have an open house but couldn't because the door was chained and I couldn't hear their knocking because of my music on ear phones.

Crapping on you has made the real-estate agent's life easier and any negative effects on their life haven't outweighed that. Until that changes what they do isn't going to change.

People are pretty simple animals. Make it easier for them to do the right thing than not and they probably will. Where being an asshole is easier many will do that instead.

When I was young and naive I assumed that everyone else was nice and reasonable like me, but now that I'm older I know better. My wife is at least as cynical as I am for similar reasons.

Kween,

As disturbing as your story sounds, you've made it very entertaining. Kudos to you for having a good sense of humor. With that said, this is what I would suggest. I would talk to the realtor and come up with a fixed schedule to show the house. Make it clear with the realtor that you will not accommodate any visits outside of this schedule.

Say "only showing on M-F 6:00PM-8:00PM; SAT & SUN 11:00AM-5:00PM. NO EXCEPTIONS."

Basically, only show the house when you're home. Be firm. I believe the agent and the owner will likely backdown although by law they have the right to entry if they give you 24 hrs notice. Also, if the realtor texts you & ask for an irregular visit, just remind her of the agreement. After a couple of reminders, I believe the realtor will get it.

Sorry you have to go through this. Sucks.

Years ago, I was living in Houston and was moving from a rental home which the owner was selling. I gave proper notice and was in the process of cleaning on the last day of my lease when a Realtor showed up with clients completely unannounced. I told him that I was still cleaning, that he had not made an appointment and that I was not going to let them in. He was very pushy. I finally relented and allowed him and his clients to enter. Then I pointed out the termites.

Kween. I am not even kidding. I will type this very slowly so you understand: BUY YOURSELF A GUN. NOW.

A 9MM Glock 19 is a safe bet. If you don't have time, buy a crossbow. They are cheap, you do not need a license, and it'll scare Uncle Lester off better than if he'd smelled a wolf pack.

PRTOECT YOURSELF WOMAN!!!!!

Quit being nice, you need to move. You're objective should be some party interest pays you to expedite your exit.

bear traps everywhere

are they legal to keep inside your own home? hmmm

KweenofRocknRoll says

WHAT DO I DO?

Change the locks?

I feel your pain Kweenofrocknroll. I'm a single mom 42yrs. and living on central coast Ca. with four children. And after months of people going through my home four times a week at least. It just sold. And I was given 60 days to move. Thats all fine and good. I was happy there would be no more buyers knocking at my door. However , NOW Inspectors for termites, inspector measuring every inch of my space. In my closets cabnets all the places I stashed our crap to make it look good for Buyers!! I agreed to the inspector same day asked because they talked me into it. No realizing she was taking photos for loan I guess? IDK? But my dirty dishes and messy closets? I told her I was going to throw up if she took one more photo. She thought it would be better if she came back in three hours to finish. Smart lady!! It worked out good for me so I could clean the rest of our closets & because my four children were home from school w/friends doing homework. It made her job tough because no people were not allowed in photos. And there were people (kids)everywhere,some were even following her around with 101 questions where ,what & why she was all up in our space. Anyways, that was yesterday. Now the broker guy who has been in charge e-mailed me saying that the new owners that just bought it.(Its Only been 9 days I was given 60 days notice)Wants to come in and inspect again and make some repairs. He was here four days ago with his wife,brother and brothers girl friend!?! They even had a pow wow for 20 min in my messy garage. My question is it just started the process of escrow? How is it he has rights to push his way into my home now? And be MR. FIX IT ? I plan on fixing towel rack and screen myself before I move. I dont know what repairs they are talking about. I just was peace my last month and a half. Who is my actual owner? Who has the right to come in 24 hr. notice? I paid my rent to the same property management that I only deal with. They had no idea the place was sold. I want to leave on good terms. With out eviction on my record. How far can I push it with out that happening. I'm done. I'm worried about finding new place close to their school. I need to focus on that. The broker e-mails me EVERYDAY asking what I've done so far on getting out? Any leads? Along with letting me know more people will be going through again! Thank you for reading my drama. Christine

i was a care giver for this lady and her son, i lived in the with them also i pay 500.00 a month rent while working ther and living, the lady died and had the house up for sale at time of death her daughter is the excutive of everything the is on contrac with the realtor agent its been a couple of couple of months house been on the market the house now has sold the daughter is telling me i gotto go in one week thats impossible she also said that she would change the locks and have power turned off can u please advise me of my rights please