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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.
If you want to help your friends, offer to go over and help to wrap and pack the items not used often, right now. Everything can be packed and waiting to go except for the items that are used every day. Moving is a lot easier if packing is spread over a long time period.
They can go to the subsidized housing and tell them that they are being forced out. Maybe they can get moved up the waiting list (unlikely, but worth a try)
If there is no lease, they are on a month to month basis.
Even so, they are entitled to " quiet enjoyment" of the premises. They do not have to permit a lock box.
A lock box could cause pets to get lost, personal property to be stolen.
Check your state laws to see how much notice the landlord has to give the tenants before allowing prospective buyers in. It might be 12-24 hours or something else, depends on the state
As previous posters have noted, a month to month lease only needs 30 days notice to vacate. That they are being given 6-8 weeks is generous on the part of the landlord.
No comment regarding legal issues but, if they are paying market value for the rent, they might want to let the listing agent know that they are interested in staying on as tenants if an investor buys the property. If they have a record of paying on time with few or no problems, that might be a selling point.
Has the landlord or their authorized agent provided a written notice to vacate? Depending on your state (you should let us know what state as landlord tenant issues are often state specific) the vacate may not be enforceable until it's in writing. Second, depending on the state, even though a month to month, there could be additional length of notice based on longevity. And third, depending on the state, (see that state thing again) notice to enter, how much advance notice, tenants right to reasonable refusal, etc., can come into play. So, you need to first know what your rights are and act accordingly.
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.
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.
A lockbox may be mandatory but the 6 hour notice is absolute BS! The real estate agent need to go back to school!
In Florida, a tenant can refuse entry if the timing or other circumstance is not good for the tenant. That is why the law says a tenant shall not unreasonably withhold (1) because they have by statute, the right to refuse. The tenant can't make it a habit of refusing, or set requirements that are essentially a prohibition, but establishing reasonable requirement such as prior 24 hour notice has been upheld by FL courts.
The 12 hour rule (2) is only for repairs to protect or preserve the property, not to sell it unless the tenant unreasonably withholds consent. Otherwise 2(a) reestablishes the need for tenant consent.
Now, the third portion (3) is interesting because FL courts have ruled that a landlord can request entry to do work to "make ready" the property but if it becomes abusive as in a long drawn out of an everyday or early/late hours, the tenant can deny entry. If a landlord has extensive work to be done, it's best they wait until the tenant has vacated otherwise they can be held as abusing entry.
"83.53 Landlord’s access to dwelling unit.—
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor use it to harass the tenant."
Now, unfortunately,. unlike almost all other states, Florida only requires a 15 day written notice to vacate. So the landlord can tell them to be out in 15 days and they have to move by that date. So, consider their ability to give short notice along with your ability to deny access when you make a decision. You don't want to play hardball and they play it back. Of course, the real estate agent may not know the laws and goof it up.
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.
after a generous 6-8 weeks, now they only give them 6 hours notice to show a prospective buyer??
There are free legal clinics for those who qualify, where people can get basic advice on things like this. This seems to me to be basic legal knowledge that someone at a free clinic can give. There are real lawyers that volunteer their time to those clinics.
Some of this is often common sense. Seems to me that the owner would have to give written notice. But then, as others have said, 6 to 8 weeks is pretty good notice, so I wouldn't argue w/the owner over the lack of written notice. It also seems to me that agents and buyers can't just enter the home w/o some sort of notice to the tenant. Even though the tenant doesn't own the place, it is her "home," and comes with the expectation of some privacy.
I just wonder why the owner wouldn't have called the tenant to make this friendlier, saying she's sorry but she has to sell, etc., etc. Just to show a bit of kindness to a 5 year tenant (unless there have been problems).
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