I had a question for the TI realtors. I'm currently renting this place and my lease is up in a couple months. A few weeks ago, my landlord said he decided to sell his place. Works with me because I wasn't planning on renewing anyways. He said that in our lease agreement, I "have" to accomodate to his realtor's wishes. Here's the problem: 1) there's nothing like that in the lease agreement and 2) realtor wants to have private showing throughout the week (24 hour notice) with a lockbox for other realtors and open homes twice a week on the weekend. Bottom line the landlord is encouraging the realtor to be aggressive so he can sell his place as soon as possible. Do I legally to have accomodate to every one of the realtor's wishes? What are my rights? Any help or advice would be greatly appreciated!! Thanks.
Landlord selling his house...
- Thread starter golfpapi
- Start date
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A couple of questions back at you:
1. When you signed your lease, did you sign a KLA agreement (Keybox/Lockbox permission)? If so, your terms should be in there. If not, you do not have to allow a lockbox... but even so, it might be a good idea.
2. Suggested reading:http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
3. I would suggest drawing up a plan, quid-pro-quo, as in "I'll do my best to make the property show as nice as possible on X day at Y time, if you can please direct the buyers and agents in at that time."
4. Although the landlord/agent does have the :
to show the property with proper 24-hour notice, but it usually works best if you have a plan like #3 above in place and work together. Best for you and best for the owner.
5. Remember that the owner has your security deposit still... and there's lots of items that are vague in the "normal wear-and-tear" category. Get those items squared away early and you should be protected.
6. Communicate. Usually this is where relationships break down, so if you can keep open, honest communication with the agent, and have realistic expectations, you can make it a much easier situation both ways.
Good luck,
-IR2
I'll be off in celebration of Easter, but you can reach me via PM on Monday.
I've been in your situation before and felt the pressures of showing a house after I notified my landlord of my intent to leave the rental.
The key is communication. Tell both your landlord and his agent about your concerns with access to the home given you have a young child. I would use IrvineRealtor's advice (earlier post) about coming to an agreement regarding giving proper notice before showing the homes and reasonable times for access.
I would also advise you to control the lockbox yourself. Only place it on your doorstep after being given proper notification. There is too much of a risk of an unannounced realtor accessing your home if is left on the door 24/7.
irvinehusky
New member
I went through something similar a few years back when I was ready to purchase my home. As soon as I mentioned that I would be leaving in a few months, a "For Rent" sign went up and then I was requested to allow the home to be shown with a lock box.
Obviously with kids, it was a pain in the you know what but in the end I decided to play nice with the landlord just in case I needed a good housing related reference somewhere down the line. It might also help when you ask for the deposit back.
I did ask to limit the days and hours somewhat and they did what they could. Fortunately, they weren't selling so I didn't have to deal with an Open House. They did offer to sell me the house though but I politely declined.
I'm sure some of the agents on this forum can advise you about the legality but if you had a decent relationship with the landlord up until now, I would accommodate within reason. If the landlord has been an Axx, well, here's your chance to get back.
Obviously with kids, it was a pain in the you know what but in the end I decided to play nice with the landlord just in case I needed a good housing related reference somewhere down the line. It might also help when you ask for the deposit back.
I did ask to limit the days and hours somewhat and they did what they could. Fortunately, they weren't selling so I didn't have to deal with an Open House. They did offer to sell me the house though but I politely declined.
I'm sure some of the agents on this forum can advise you about the legality but if you had a decent relationship with the landlord up until now, I would accommodate within reason. If the landlord has been an Axx, well, here's your chance to get back.
golfpapi said:
irvinerealtor
Well-known member
golfpapi said:
A couple of questions back at you:
1. When you signed your lease, did you sign a KLA agreement (Keybox/Lockbox permission)? If so, your terms should be in there. If not, you do not have to allow a lockbox... but even so, it might be a good idea.
2. Suggested reading:http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
3. I would suggest drawing up a plan, quid-pro-quo, as in "I'll do my best to make the property show as nice as possible on X day at Y time, if you can please direct the buyers and agents in at that time."
4. Although the landlord/agent does have the :
to show the property with proper 24-hour notice, but it usually works best if you have a plan like #3 above in place and work together. Best for you and best for the owner.5. Remember that the owner has your security deposit still... and there's lots of items that are vague in the "normal wear-and-tear" category. Get those items squared away early and you should be protected.
6. Communicate. Usually this is where relationships break down, so if you can keep open, honest communication with the agent, and have realistic expectations, you can make it a much easier situation both ways.
Good luck,
-IR2
The Superior Court ruled in favor of the landlord; but it did not grant an unrestricted right to hold open houses. Indicating a desire to fashion an order that was fair and reasonable to both sides, it came up with the following:
The agent could hold two open houses per month.
They could be on weekend days between 1:00 p.m. and 4:30 p.m.
The agent must be present, and the tenant may be present, during any open house.
The agent must give 10 days advance email notice to the tenant of proposed open house dates, and the tenant has 48 hours to acknowledge or to propose an alternative weekend date.
http://realtytimes.com/consumeradvi...nd-open-houses-for-tenant-occupied-properties
The agent could hold two open houses per month.
They could be on weekend days between 1:00 p.m. and 4:30 p.m.
The agent must be present, and the tenant may be present, during any open house.
The agent must give 10 days advance email notice to the tenant of proposed open house dates, and the tenant has 48 hours to acknowledge or to propose an alternative weekend date.
http://realtytimes.com/consumeradvi...nd-open-houses-for-tenant-occupied-properties
your landlord is trying to intimidate you, and most of what they want is illegal without your consent.
here is a summary of all the governing law from a tenant's perspective, as well as ways to make it a "win-win" for both you and them.
http://www.caltenantlaw.com/ForSale.htm
here is a summary of all the governing law from a tenant's perspective, as well as ways to make it a "win-win" for both you and them.
http://www.caltenantlaw.com/ForSale.htm
irvinehusky
New member
This article, although it was enjoyable, brought back bad memories of trying to sell my last house in a extreme buyers' market. I wonder if some of the same laws apply to sellers? Especially the one about physical restraint? If so, I wish I would have put a head lock on one buyer's agent in particular and given him at least a head noogie when he "broke into" our house twice.
As for the rental, since I wasn't trying to rent out the place, I did not vacate (nor did I feel obligated to) the house when there were showings (unfortunately, mostly during and after dinner since most people wanted to look after they got back from work). I rounded up my family and stayed in the downstairs office until they wanted to look there and then we would move somewhere else.
I didn't volunteer any information but a lot of them asked me questions but I kept it pretty much positive for the landlord. Always told them up front that I was just a renter myself.
As for the rental, since I wasn't trying to rent out the place, I did not vacate (nor did I feel obligated to) the house when there were showings (unfortunately, mostly during and after dinner since most people wanted to look after they got back from work). I rounded up my family and stayed in the downstairs office until they wanted to look there and then we would move somewhere else.
I didn't volunteer any information but a lot of them asked me questions but I kept it pretty much positive for the landlord. Always told them up front that I was just a renter myself.
freedomcm said:
thank you for all the responses. in the last 24 hours, i've met with the landlord, their realtor and received a few more emails from them "requesting" entrance to my place. it's getting worse and worse and i'm pretty much just looking out for my family, especially my 16-month old. to the agents out there, is there a way i can contact you directly to get your opinion(s) on certain things? i feel like this is getting out of hand and i'm almost forced to get legal representation to protect my family. please let me know best way where we can chat for a few? thanks!!
irvinehomeowner
Well-known member
Reading that link, it's interesting that the landlord can't really put a lockbox on your door.
I wish I knew some of these things when we were renting, had a terrible ordeal with our landlord where we lost a large amount of our deposit because of his claims and his threats to take us to court.
I wish I knew some of these things when we were renting, had a terrible ordeal with our landlord where we lost a large amount of our deposit because of his claims and his threats to take us to court.
irvinerealtor
Well-known member
golfpapi said:
I'll be off in celebration of Easter, but you can reach me via PM on Monday.
irvinehusky
New member
I'm sorry to hear of all your troubles. Good luck!
golfpapi said:
irvinehusky
New member
Yes, but regardless of the rights that renter has, the owner has the security deposit and they seem to have much leeway in determining how much "damage" the renter has caused. So, there's always that weak spot.
That's why I enjoy owning than renting. Now, I'm the boss (as long as I keep the real boss - the bank - happy).
One thing I miss is calling up the "owner" when something breaks though and let them take care of it.
That's why I enjoy owning than renting. Now, I'm the boss (as long as I keep the real boss - the bank - happy).
One thing I miss is calling up the "owner" when something breaks though and let them take care of it.
irvinehomeowner said:
iacrenter
Well-known member
golfpapi said:
I've been in your situation before and felt the pressures of showing a house after I notified my landlord of my intent to leave the rental.
The key is communication. Tell both your landlord and his agent about your concerns with access to the home given you have a young child. I would use IrvineRealtor's advice (earlier post) about coming to an agreement regarding giving proper notice before showing the homes and reasonable times for access.
I would also advise you to control the lockbox yourself. Only place it on your doorstep after being given proper notification. There is too much of a risk of an unannounced realtor accessing your home if is left on the door 24/7.
irvinehomeowner
Well-known member
We controlled the lockbox access when we rented and the owner used that as one of his contentions as to why he should take us to court because he claimed that we didn't put out the lockbox when asked to and even went so far as to say his realtor would testify against us if needed.
He claimed we cost him at least 2 months of rent because a prospect couldn't access the home and ended up renting elsewhere. I questioned him about how he could prove it if the prospect never saw the property and that's when he started going into lawyer mode and threatening to take me to court and make it very inconvenient for me if I wanted to challenge it.
In hindsight, I should have called his bluff because I did feel I was highly favored and would have won but at that time, I didn't feel like getting into a legal battle that could cost me more than what I could recoup (not to mention how much time it would take to do so).
But that's how bullies win... even though there are provisions in place to protect the tenant (like treble damages).
He claimed we cost him at least 2 months of rent because a prospect couldn't access the home and ended up renting elsewhere. I questioned him about how he could prove it if the prospect never saw the property and that's when he started going into lawyer mode and threatening to take me to court and make it very inconvenient for me if I wanted to challenge it.
In hindsight, I should have called his bluff because I did feel I was highly favored and would have won but at that time, I didn't feel like getting into a legal battle that could cost me more than what I could recoup (not to mention how much time it would take to do so).
But that's how bullies win... even though there are provisions in place to protect the tenant (like treble damages).
Cal. Civic code 1954
http://housing.org/wp-content/uploads/2012/03/Landlord-entry-annual-inspections.pdf
Landlord must give 24 hours written notice to the tenant.
http://housing.org/wp-content/uploads/2012/03/Landlord-entry-annual-inspections.pdf
Landlord must give 24 hours written notice to the tenant.
paperboyNC
New member
I went through a landlord showing a house when I was getting close to being done with renting. We agreed to one open house per week with no other showings and we'd clean the place up for the open houses. It only took two open houses luckily.
I would demand that you control the lockbox. You can lock the house (change the locks or put on deadbolts etc) if they don't cooperate.
Remember that you control 99% of the cards here and the landlord has to do what you say. If the landlord doesn't cooperate get more and more aggressive. Stop paying rent (use the security deposit to cover it), change the locks, remind them that you don't have to vacate, etc. You have the rent money, you have the home, you can change the locks. The landlord can sue - but it's very expensive to sue.
I would demand that you control the lockbox. You can lock the house (change the locks or put on deadbolts etc) if they don't cooperate.
Remember that you control 99% of the cards here and the landlord has to do what you say. If the landlord doesn't cooperate get more and more aggressive. Stop paying rent (use the security deposit to cover it), change the locks, remind them that you don't have to vacate, etc. You have the rent money, you have the home, you can change the locks. The landlord can sue - but it's very expensive to sue.