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.