mosquitocontrol

Recipes 

Moved into this apartment in October and signed a year lease. Really liking the location and place we were hoping to stay at least two years. The landlord (guessing late 20's, non-professional female) had mentioned being in the break even range on when considering rent, mortgage, HOA's, etc. We didn't really think too much about it at the time.

Fast forward to January, apparently she loses a few hundred on a monthly basis on the condo because she has had an interest only mortgage since she bought it. Regardless of how dumb I know that is it just doesn't seem like she is very bright when it comes to this sort of thing.

Two weeks ago she tells us she has to put the place on the market for a short sale. Okay, not much I can do about that. You have to let the landlord in with appropriate notice, supposedly 24 hours. And in the lease there's no restrictions to how often or how long. Apparently I'm expected to just leave the place I pay for a few hours every couple days to let them come look at this place? With a short sale, who knows how long this crap will last for or how many people will be going through my apartment.

I am unemployed and therefore spend my days at home. Its the middle of the winter, so at this point every time I leave I spend money going to the store, doing errands, or just trying to find somewhere I can use the internet. So needless to say I was already frustrated just knowing I'd have to leave all the time.

First showings were today, and my landlord "asked" at 10:30AM for people to come over at 3pm. I let her know I could make it work today, but I need 24 hours notice in the future.Then at 1, she texts and changes it from 2-4 and I'm rushed to do all housework and crap in an hour.

Flash forward to now. At 4:30 I'm on homebrewtalk, hear a knock, and before I can even get to the door less than 20 feet away 2 people come in. Now, I have music on you can clearly hear in the hallway and they just came in! I am a little frustrated at this point. I could have been brewing, sleeping, naked, or any number of things. I had read stories online about this happening so I knew it would happen eventually but having it happen the first day is making me realize how often it will likely happen.

It freaks me out. The rest of the night every sound I heard I thought someone was opening the door. Paranoid drunk on a Friday in your own house = Not cool.

I pay $1400 a month to live here yet I have to leave whenever there's a showing. I have to make appointments with my landlord to leave. I don't have a job, I shouldn't have to make meetings. How come the tenant is the one who has to deal with all the hassles of selling a place that they don't own?

Are there any specific rights I should know? I don't think there is too much I can do about showings other than strongly enforcing the 24 hours notice. Can I get the lockbox removed from the outside to prevent more walk-ins?

Is there anything else I should be aware in this type of situation?
Am I right in that when the place does sell they have to uphold our lease for the remainder of the time or can they just kick us out if they want to move in?
Should I start asking for my security deposit now? What is going to happen with it when it sells?

Although I don't want to move now, do I have any out of the lease? I highly doubt it. But I sort of feel like she should have told us the real severity of the situation before we moved in. According to zillow (have no ideas on the accuracy) the place had been on the market from July until 10/4 and we moved in the last week of September. Is that not something that is required to be disclosed on the lease? If I had realized that, I would have seen this nightmare coming and chosen a different place to live.

boo boo

Recipes 

No one can just walk into your place without you actually opening the door to let them in and having permission to do so. Well other than police with a warrent or reasonable cause.
You do have rights. Did you check with the lease and or landlord agreements of your state?

__________________
How do you BBQ an elephant....first you get your elephant....

snccoulter

Recipes 

you have the legal right no not let them in it is not their house at the moment it is yours. they cannot enter without you permission. I have a buddy that does property law and has successively brought charges on landlords and gotten settlements. . Or walk around neked so it they do they get an eye full and wont come back. I will ask my buddy to give me some references for you next time he loads up FB

__________________
http://whatalesyou.webs.com/

brewingmeister

Recipes 

I agree with the above advice. The lease should have to run its course with the new owner but I'm not sure about the technicalities involved. I would definitely stop cleaning up especially since they just want to show up anytime with or without notice. Also use a chain on the door if you have one.

__________________
............Alright Brain, you don't like me, and I don't like you. But lets just do this, and I can get back to killing you with beer......~Homer

dataz722

Recipes 

Just leave the place a complete mess and walkaround naked or in your boxers if they don't give you the appropriate notice. They will probably learn pretty quick. That or start using one of these when you are home and they haven't told you anyone will be coming.

__________________

DregAddict

Recipes 

The lease might not necessarily have to run it's course if a new owner buys the place. Some friends of mine were renting a house that was foreclosed on with about 6 months left in their lease and they had to move out. There were legal obligations the bank(new owner) had to meet, but they weren't much. I think they pretty much got 2 weeks to move out after the day the bank took over. I'm sure there are also differences state by state.

As for prospective buyers coming in on short notice or worse unannounced, I agree with some of the other posts that this is not legal. That's an actual invasion of your privacy. Technically your landlord herself should not even be able to come inside the apartment without your permission unless it is to actually evict you for cause.

dataz722

Recipes 

It differs from state to state but some states actually have laws that if there is an existing annual lease that even if the property is sold or foreclosed that they have to let the tenants stay and keep all the initial lease agreements including price and anything else. It does give the tenant the option to break the lease at the time though with no penalty.

I am sure this probably differs with different states too but as far as I know most states allow a landlord to come in without expressed permission as long as they gave the proper notice.

You are allowed to inspect your property and do any needed maintenance at any time without a court order.

__________________

E-Mursed

Recipes 

I gave previous tenants 60 days notice on eviction.

You need to look at your states landlord tenant rights - print them off and print off a copy for your landlord. I would also suggest that you take a highlighter and highlight the areas regarding presumed privacy and right to access.

This should educate you on your rights, show your landlord what your rights are, and demonstrate prudence on your part demonstrating your desire to work within the law for both parties.

__________________
Schöne Blondine Brauerei

I would rather live my life believing there is a God and die to find out there isn't than live my life believing there isn't a God and die to find out there is.

"When people stop believing in God, they don't believe in nothing -- they believe in anything."


You might be a nurse if you firmly believe that "too stupid to live" should be a diagnosis.

johnsma22

Recipes 

Are we talking about a condo that you're renting that she owns, but doesn't own the building it's in, or are we talking about an apartment in a building that she owns? If it's a condo then obviously the lease will not extend to the new owner because they are buying the condo unit you're in.

__________________
Cheers,
John

dataz722

Recipes 

They should be VERY easy to find on your states website. Some states even require that all landlords give a copy of it to all new tenants when they sign the lease.

__________________