When your rental home has been listed for sale.

effenheimer_IHB

effenheimer_IHB

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<p>Troop and any legal types lurking, I've love your thoughts on <a target="_blank" href="http://www.caltenantlaw.com/ForSale.htm">this</a>.</p>

<p>Is he full of it? Can a tenant really file a criminal trespass complaint against an agent and a prospective buyer on the basis of Civil Code 1954 violations?</p>
 
In short, no. Also, the part that reads that they can DEMAND we arrest the person for trespass, is also b.s. We also will not stand by to "keep the peace" while a realtard shows the place...like we have time for that.



We don't get involved in these type of situations as they are civil in nature. The elements of the crime of trespass, are clearly not met.



This blowhard is precisely the type of "pro-bono, ultra left leaning" lawyer that I was talking about.
 
I have some ideas of things you could do, that would make them not want to show the place. But... I wouldn't be comfortable posting them here for everyone to see.
 
<p>I think this will vary with what was written into the lease/rental agreement. There are provisions for lockboxes, showings, and signs that can be put in at time of lease. </p>

<p>If they are in there and the tenant does not live up to them then normal litigation would apply. Same thing if it is not specified at time of lease then the tenant has litigation rights. Just good old contract law based on each document. </p>

<p><strong>It is another good reason to read what you sign and not whine later if you didn't. </strong></p>

<p>Or even possibly have a real estate agent that understands it represent a tenant or owner. </p>

<p>Regards</p>
 
In this case, there's nothing in there other than 24 hours notice and that the landlord can show the unit to mortgagees, agents, and purchasers. There's nothing about lockboxes, RE agents showing the unit, open houses, marketability, etc etc.
 
why don't you just look for a new place... if the landlord is about to brake a lease that's one thing, but otherwise why waste your time ? i know i have in my lease a statement that the place can be shown on a 24hr notice (for selling or renting out)
 
<p>I moved back in April for the exact same reason. That time, the owner knew that she could not effectively market the property with us living there. She paid us to leave.</p>

<p>This time, the owner is clueless. He will not be able to properly market the unit for want of $6k in rental income. We'd vacate for free if he'd let us. </p>
 
Eff, so you only have 3 more months of lease left ? Maybe the landlord will cut you a break on the rent for the inconvenience of the showings.
 
EFH

Didn't mean to sound harsh but it is one of the non economic reaseons to own at some point as well as being able to have pets, decortate to your taste, and other items that are hard to do when you have to live by others rules. I am too independent to live by others dictates so It is hard for me to imagine renting.



Trooper-good morning!!



I would offer a rent reduction when showing my occupied properties and usually worked out a win-win with my tenants. I would only do this when a lease expired and we went month to month.



Enjoy!
 
<p>Most leases say something about landlord's being able to inspect at reasonable times, and being able to show the property towards the end of the lease with reasonable notice.</p>

<p>Frankly, in Florida I have never heard of a landlord trying to have an open house with the tenant still there. Nor have I heard of landlords who are trying to sell putting lockboxes on the front door. I don't think a court would deem that reasonable. That stuff actually happens in California? The open house thing in Florida would apply only with extreme tenant appeasement and landlord abasement. The landlord in Florida would fear guns and knives. The landlord and agents could certainly not oust the tenant for the day, unless the lease specifically said that could be done, and I have NEVER seen that, in the most pro landlord lease.</p>

<p>As the article points out the property is yours for the term of the lease.</p>

<p>If a landlord tried to do that to me, I guess small claims court would be the place to be. Or, maybe you could sue for injunction.</p>

<p>Or, just walking around in the nude (or, with a sock) might do it. Have nude come visit.</p>

<p>I am speechless. I thought Florida was weird, but you got us beat. Eff, I'd threaten small claims court. I don't know if I'd do it, but I'd sure threaten it.</p>

<p> </p>
 
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