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This is in Florida, Volusia County and they have lived there for 5 years without any problems. The broker told them that they are required to give only up to 6 hours notice to show a prospective buyer and that a lock box is mandatory.
Oh, bull-hockey. That is one of those sounds-official-but-is-complete-B.S statements known as an appeal to a higher authority.
They absolutely do not have to have a lockbox if they are not comfortable with it. They can absolutely require that they be called prior to showing, with reasonable notice. Reasonable notice can often include up to 24 hours notice, which happens more often than you would think. Showing hours can also be limited -- i.e., no showings before 10 am, no showings after 7 pm, etc. They don't have a lease at this point, but as long as they are not actively inhibiting the showings, they can set reasonable restrictions. Guess what? They don't even have to leave the property! They can just go out back and sit on the back porch. Leaving the property is preferable, of course, but not required.
My neighbor who is almost 60 years and disabled with disabled husband and two pets, has been told by his landlord that the house is being sold and sent a broker the next day to look at the place and take pictures so it can be listed.
The broker asked her for a set of keys so that a lock box can be placed. She doesn't have a lease, expired years ago and is not sure what her rights are. Is she required to provide the broker with a set of keys? She would prefer that they call if someone wants to come by and see the place.
The broker also asked her when would they be moving out. They live on a fixed income while waiting on a low income housing list for which they have been interviewed and are waiting for background checks to come back and cannot afford to move otherwise. The broker told her they have 6-8 weeks.
I am not sure what advise I can offer and would like some input to help her during this time.
Sounds like the broker is making a wild guess as to how long it will take the property to sell, that's all.
So it may be a lot less, or it may be a lot longer.
You might gently suggest that reality to your friend. And you might stand by to help your friend negotiate with the new owner; perhaps they will be understanding. Or maybe the new owner will want to keep the occupants as tenants.
If they are getting 6-8 weeks notice to move out, I wouldn't put up much of a fuss about the lockbox. Asking for prior notice of a showing isn't unreasonable but since they are giving the tenants extra notice to move out, I would try to accomodate as much as possible, otherwise who's to say the owner won't tell them to be out in 15 days (if that's truly the law in FL) because the tenants are making showings difficult.
The main thing the tenants need to focus on right now is finding another place to move. All their family and friends can pitch in to assist with packing while they notify the proper offices for subsidized housing that they are in immediate need. Hopefully things can move quickly for them.
I just went through this (am still going through this). 6-8 weeks is a generous amount of time. We were given 30 days (after four years trouble free tenancy). Best of luck to your friends. I suggest they consult a legal clinic as someone else also mentioned; a broker does not have the power to invade their home like that, certainly cannot demand keys from them unless the laws in Florida are very strange.
I just went through this (am still going through this). 6-8 weeks is a generous amount of time. We were given 30 days (after four years trouble free tenancy). Best of luck to your friends. I suggest they consult a legal clinic as someone else also mentioned; a broker does not have the power to invade their home like that, certainly cannot demand keys from them unless the laws in Florida are very strange.
The aggressive broker seems to be over-stepping their authority, but, the owner could get much more insistent if he gets the impression the tenant is impeding the sales process. Their best bet is to directly contact the owner and discuss the logistics in a friendly manner -- before the broker 'poisons the well' and the owner rescinds the 6-8-week offer. (It's likely 6-8 weeks is a calculation of a 2-4 week sale and a 30-45-day closing process ... and that the owner wants to keep the tenant as long as possible. Therefore, the 24-hour showing period is reasonable and probably negotiable).
In either case, it sounds like the only thing that will change the situation is a buyer who wants a renter -- Otherwise, it's time to make plans to move on quickly, ... unless the renter has an interest in buying.
Again this is the reason a Lease exists in the first place to avoid situations like this in the first place. In Florida the leases protect the owners but set the rights for the lessees as well so I don't know why these renters didn't follow up on renewing a lease.
I would definitely not make any mention of the lack of proper notice to vacate. The only one who can give that is the landlord who hasn't done so. And in writing.
Additionally, I would make a big fuss over a lock-box and would set up hours/days to not allow showings.
Just because the realtor says they have 6 to 8 weeks - and which is it? doesn't make it so.
They DO need to try to move along their moving/housing option and contacting Legal Aid is the first step.
My neighbor who is almost 60 years and disabled with disabled husband and two pets, has been told by his landlord that the house is being sold and sent a broker the next day to look at the place and take pictures so it can be listed.
The broker asked her for a set of keys so that a lock box can be placed. She doesn't have a lease, expired years ago and is not sure what her rights are. Is she required to provide the broker with a set of keys? She would prefer that they call if someone wants to come by and see the place.
The broker also asked her when would they be moving out. They live on a fixed income while waiting on a low income housing list for which they have been interviewed and are waiting for background checks to come back and cannot afford to move otherwise. The broker told her they have 6-8 weeks.
I am not sure what advise I can offer and would like some input to help her during this time.
Perhaps she can contact housing where she applied and explain this new development and the urgent need.
Usually, if a person is without adequate housing, as they will soon be, it may speed up the process. Especially since they may be almost thru the process anyway re: background checks.
Being disabled and elderly they may get some immediate help. It is certainly the first place that I'd call.
Legal Aid guide to free legal help http://apps.americanbar.org/legalser...q_freehelp.cfm
As I understand it, even if she has not had a lease renewed for years, the original lease is still binding, i.e. notice to move etc. And because they are disabled, there are many agency's and federal laws that may protect them. Help her call the local ADA American Disabled Association if housing or legal aid aren't helpful. ADA may be able to provide resources that may be helpful regarding displacement and housing and local organizations that assist also. https://www.ada.gov/
Thank you for being a caring neighbor and friend.
I would definitely not make any mention of the lack of proper notice to vacate. The only one who can give that is the landlord who hasn't done so. And in writing.
Additionally, I would make a big fuss over a lock-box and would set up hours/days to not allow showings.
Just because the realtor says they have 6 to 8 weeks - and which is it? doesn't make it so.
They DO need to try to move along their moving/housing option and contacting Legal Aid is the first step.
Have to disagree with the bolded, I wouldn't make a big fuss about anything. The owner only has to give them a 15 day notice. If the tenants being there are making things more difficult, the owner doesn't have to give the 6 to 8 weeks.
They could discuss a reasonable compromise when it comes to the lock box and showings, but if I were them, I'd not raise a stink.
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