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I think you should find a way to day board your dog on the days of an appointment. You dont have to be there. And 8 am to 7 pm should accomodate most people.
I agree with those who say you either should consider moving while looking to buy,
or be much more accommodating of the seller and agent.
I take the opposite view.
It is outrageous to expect all the accommodating to come from the tenants end.
What you are saying sounds very much like coercion:
"accept what we want to do or we'll evict you"
Quote:
From what you have said, I believe the seller can give you 30 days' notice to vacate,
and if you don't want that to happen, you may have to live with serious inconvenience for awhile.
And if the LL wanted this... they could have done that BEFORE now.
The LL apparently doesn't want that... they appear to must want the income
and believes having a tenant makes the unit more appealing to another investor buyer.
The owner needs to either put on their big girl panties and start the eviction process with the current tenant
(wanna bet how well that will go in Court? or improve the relationship until determined?)...
or the owner needs to make some reasonable and consistently applied standard for how the 24hr notice is to work.
Quote:
The nature of having one's house on the market requires that the house be available a lot...
For owners selling their own home? Sure, that's understood. But that isn't the case here. Is it?
Quote:
The agent can't control what people schedule and if she wants to get the house sold,
she can't tell a lot of people the house is not available.
Of course she can. She just doesn't want to.
Last edited by MrRational; 03-16-2013 at 08:08 AM..
I doubt that you have had much experience selling houses or you may not understand the terms of the lease.
Re-read the OP's post. The LL HAS suggested he might ask her to leave. His first choice was to keep the income while trying to sell the house, but if it becomes clear that the LL is losing chances to sell because the tenant doesn't want morning showings, won't show the house if she's not home because the dog is loose in the house, etc., he's going to figure it out soon that keeping a bit more rent money isn't worth the loss of chances to sell. All he has to do is ask her to move out after 30 days--he doesn't have to go through legal eviction process--the lease is up 30 days after the notice is given. If she had a year lease, it would be a different matter. She needs to be aware that this is increasingly likely and that is why she has to make a choice - be more accommodating, be prepared to be given only 30 days' notice to move, or move out now. Meanwhile, you can bet that every day the agent is telling the LL that the reason the house is not selling is that the tenants are making it difficult to show. That may not be fair but that's the story the LL is hearing and it will definitely influence his decision-making as time goes on.
Exactly how is the seller's agent able to control what another agent's buyers do? She can ask them if they can work around the tenant's schedule but if they say no, they aren't willing or able to do that, there is no showing. The more times this happens, the lower the opportunity to sell.
I guarantee you that the LL will ask her to move if she isn't more flexible, unless the LL's house is in a very hot market--and there is no indication that is the case. An out of town LL who wants to sell the property will do what it takes to get it done. Been there, done that.
Not trying to sound harsh, But....I have to question your sense of entitlement?
If you want things to go smoother, set up a time frame for daily showings, accommodate...Perhaps you can get a rent reduction and that can pay for doggie daycare the days one of you isn't home.
Personally, I think you should be moving. You have absolutely no say in things, this is not your home....and you aren't really even protected with a lease. Would you rather be civil and get through this, or be given 30 days notice.
Get your dog in a secured kennel so that they can show the home they own. If a realtor walks in and your dog bites someone you will likely be facing some trouble. You have been informed, there are no excuses. Do the prudent things...start looking to move.
Look at it from your LL perspective. The LL has a business relationship w/ the realtor, you seem to be blocking the potential sale by all the quibbling and being generally uncooperative because you do not want to be inconvenienced. If I were your LL I would have given you 30 days notice after the first sticky situations you've described. That would be more inconvenient.
Last edited by JanND; 03-16-2013 at 09:21 AM..
Reason: edited text
All he has to do is ask her to move out after 30 days-- he doesn't have to go through legal
eviction process-- the lease is up 30 days after the notice is given.
Before the house was put up for sale and the change in circumstances... sure.
The LL had their window to act but with the changes the tenant can now also act.
Bottom line: I really don't think a Judge will allow a contested eviction (which is my point).
All of which gets everyone back to approaching things as adults:
Find or even negotiate some reasonable and consistently applied standard for how the tenants right
to a 24hr notice can be made to work. It really isn't all that hard if you want to do it.
The serious investor LL types who are going to buy this property know all this.
I suspect the real problem is the "agent" is a "lady who lunches" type...
and NOT one familiar with investment properties.
I have to question your sense of entitlement?
I think you should be moving. You have absolutely no say in things, this is not your home....and you aren't really even protected with a lease. Get your dog in a secured kennel so that they can show the home they own. If a realtor walks in and your dog bites someone you will likely be facing some trouble. You have been informed, there are no excuses. Do the prudent things...start looking to move.
Of course we're looking to move. We're buying a house. Not a quick thing and we've got lots of stuff so we'd prefer not going to a temporary housing situation.
Entitlement? mmm.... This is what I'm trying to figure out. This is not our house yet it's our life that's getting invaded. I spent hours getting things looking good for her clients to come. Do I have no rights? There's nothing in the lease that speaks to them selling the property. In our state's law. It says, the tenant is guaranteed the right to “peaceably and quietly hold†possession of the premises subject to the lease. Where does that fit in here?
So basically whenever they want to come if they give 24 hours notice that should be fine. I would think the LL wants his 3K monthly until they sell it. I would think that that would mean we'd all try to accommodate each other and work together, no?
First of all, if I was a tenant going through this- I'd probably be just as frustrated as the OP. However, what I'd constantly have to remind myself of is the fact that it's not my house- I just live there.
As for MrRational's comment about the agent not wanting to ask buyers to reschedule, I agree, she probably doesn't want to but only because it's hurting her chances of selling the property.
When DH & I were house hunting last year- we were back and forth between NC & MO so the actual amount of days we had in MO to house hunt during any given period, were limited. We'd have maybe a week or two to look at houses and a lot of potential properties lined up.
Two properties that we wanted to look at were tenanted.
As we didn't really want to be back and forth all over the region in one day (nor did our agent) we had tried to plan showings of houses in particular areas for particular days, to be able to make the most of our limited time.
Upon request (notice was given the day before) both tenanted properties told the agent that they "weren't ready to show on x-day" and failed to come up with a reasonable alternative, given our time frame.
Needless to say- we didn't end up looking at either property. Perhaps if they'd been 'perfect' in the online listings we may have made extra effort to wait until they were ready to show, but with such a saturated real estate market, we had plenty of other options to look at rather than to sit around and wait for those properties to come ready- and then to have to go out of our way again just to view them.
So, I hate to say it OP but what it boils down to is that you probably are inhibiting the chances of a sale. I agree that the agent is being antagonistic, but it's probably because she realizes that she's losing potential buyers for the property as well.
If we were in a seller's market, it may be a different story. However, throughout the majority of the U.S. right now, we're in a buyer's market- and unless the property you live at is particularly unique or exceptionally well priced, buyers are probably going to be unwilling to work their schedules around you.
I'm still sorry that you're dealing with this though- like I said, I'd hate it as well! The best advice given here is to start looking for somewhere to move ASAP. It really does sound like your best course of action since it's highly likely the LL will give you 30 days notice anyhow, especially if he's got the agent in his ear telling him that he's missing out on potential sales.
Before the house was put up for sale and the change in circumstances... sure.
The LL had their window to act but with the changes the tenant can now also act.
Bottom line: I really don't think a Judge will allow a contested eviction (which is my point).
All of which gets everyone back to approaching things as adults:
Find or even negotiate some reasonable and consistently applied standard for how the tenants right
to a 24hr notice can be made to work. It really isn't all that hard if you want to do it.
The serious investor LL types who are going to buy this property know all this.
I suspect the real problem is the "agent" is a "lady who lunches" type...
and NOT one familiar with investment properties.
A judge works within the confines of the law. Whether the owner allowed the tenants to stay on month to month when they first listed has nothing to do with evicting them now. They did not lose any "window to act".
9 to 5 showing with 24 hour notice would be reasonable in just about every case and while the tenant may not have had 24 hour notice on all showings they also denied 2 out of 3 showings, one of which it seems was well over 24 hours.
You are also assuming it is an investor that is looking to buy the property. It is a single family home so there is no way to know who will be looking to buy it.
I take the opposite view.
It is outrageous to expect all the accommodating to come from the tenants end.
What you are saying sounds very much like coercion:
"accept what we want to do or we'll evict you"
...
The owner needs to either put on their big girl panties and start the eviction process with the current tenant
(wanna bet how well that will go in Court? or improve the relationship until determined?)...
....
There would not be an 'eviction' and there woud be no court.
The tenant is on a month-to-month lease. This means either the landlord or the tenant can terminate the rental agreement with a 30 day notice to the other party.
All the landlord has to do is send 30 day "notice" to the tenant and then tenant needs to move by end of that 30 days. The landlord doesn't need to give any reason but the landlord's reason of "selling the home" is a perfectly acceptable reason.
IF the renter does not move out after the 30 day notice, then the landlord can choose to start eviction proceedings. In this case, IF it goes to court (if tenant refuses to move), then the court only looks at the fact that tenant refused to leave at termination of the lease. A court would never ever side with the renter in this case because the lease has legally terminated. The only way a court would allow renter to stay is if there was an additional X months (6 months, for example) on the lease. But in this case it's a month-to-month lease.
Besides, this renter is looking to buy a home. This renter would never allow this to get as far as eviction. If 30 day notice is given, it will be a huge hassle, but OP will move by the end of the 30 days.
Hey OP, you could look into storing your furniture in a POD and then living in a hotel "suite" that has a bedroom, living room and small kitchen. Some accept pets. You could start pricing monthly rates on them. Make sure you visit there on weekdays and weekends to see what kind of customers they have. Some are nice and some can be shady. Maybe you can check deals on price line dot com and get a rate that is better than re-renting and moving twice.
PODs are storage containers where you load your furniture and the container is hauled away and stored until you are ready for it. They are a company that is in many US states and growing. The POD never gets unloaded until you get it delivered to your new home. It could be stored for months as needed. PODs has competitors that do the same thing.
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