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Old 07-20-2010, 10:42 PM
 
14 posts, read 67,787 times
Reputation: 22

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So my landlord is selling the condo I am renting and wants me to be "considerate" and agree to all these open houses on the weekends.

My landlord was shocked when I said NO and starting power bargaining with her. Her and her RE agent have been constantly calling and emailing me with a laundry list of things they need be to do and times they are going to show the place without even asking me. I was outraged by this. The asked me to relocate my bed because it would show better. The RE agent came into my rented home and CLEANED several rooms because it was not clean enough for a showing. (he came in before the agreed upon showing time and "cleaned up")

They have this attitude like I work for them and must do as they say. Well for being so rude I have started hardball negotiates with my landlord and threatening to have the RE agent arrested for trespassing if he come unannounced during non business hours. The law only allows them to show the apt within business hours and with proper notice/consent.

I asked for a $300 lump sum payment and $200 off (25% off) my monthly rent in exchange for keeping the place clean, agreeing to weekend showings, and staying until the apt is sold. IS THIS GOOD? Could I get more out of them? Legally, I only have to agree to showings between business hours M-F with 24 hr notice. Legally I could stay in the apt during showings and play music, burn popcorn, dance naked if I wanted to.

I am trying to create a win-win situation but my landlord is being selfish and only looking at her needs. Anyone successfully get their landlord to reduce the rent by half??? I am prepared and comfortable with finding a new place in 30 days if need be, so I could care less about staying there.
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Old 07-20-2010, 11:47 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,552,612 times
Reputation: 18189
Agreed, showing should be within business hours, 12-48hrs in advance dependent on state. A smart landlord would have offered an incentive for anything beyond that law. Taking liberties to assume weekends, spotless housekeeping and room re-designs is an infringement, $300/ls and $200 off rent would be enough incentive for me to meet their requests.
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Old 07-21-2010, 06:25 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Quote:
Originally Posted by Homiedontplaythat View Post
The law only allows them to show the apt within business hours and with proper notice/consent.
If you haven't done so already, send your LL a copy of the law applicable to your state as backup. What a messy situation but you seem to be on top of it and hope everything works out to your advantage. The deal you're proposing sounds perfectly good to me!

PS: Something else you might consider is bargaining even more with the LL to have you leave within 30 days since you say this wouldn't be a problem for you in any case. That way she and the RE agent can come and go and rearrange the furniture and clean to their heart's content since you won't be there. That's worth several hundred $s!!
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Old 07-21-2010, 07:37 AM
 
14 posts, read 67,787 times
Reputation: 22
I really want my full security deposit back before I move out, b/c I feel like my LL might try and keep it, and I would have to go to court to get it back. I feel like now that I can have people arrested for trespassing, I have the upper hand and should get it now, but my LL is VERY insistent that I get my security deposit after I move out.

Since, I have the upper hand now, should I play hard ball until I get my full security deposit back PLUS the other monetary incentives?
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Old 07-21-2010, 08:52 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Quote:
Originally Posted by Homiedontplaythat View Post
I really want my full security deposit back before I move out, b/c I feel like my LL might try and keep it, and I would have to go to court to get it back. I feel like now that I can have people arrested for trespassing, I have the upper hand and should get it now, but my LL is VERY insistent that I get my security deposit after I move out.

Since, I have the upper hand now, should I play hard ball until I get my full security deposit back PLUS the other monetary incentives?
You can't get your security deposit back before you move out - it doesn't work like that and in most jurisdictions the LL has to return it within 30 days of quit less any documented deductions. When you do decide to leave make sure you have a walk-through with the LL and get the premises signed off on.

If you really can leave within a 30 day notice then certainly present a lease buy-out option to your LL as this really might be better for al parties concerned. What can be fairly negotiated depends how much time is left on your lease. Obviously neither the LL nor the RE agent can just barge in at will and I'm sure they knew that but were testing the waters.

It's up to you what you negotiate, just make sure everything is in writing and signed off on. Good luck.
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Old 07-21-2010, 02:17 PM
 
Location: Boise, ID
8,046 posts, read 28,472,904 times
Reputation: 9470
I assume that since you are saying "the law says", that you actually did look up the laws for your state. I mention that because several of the things you stated are not the law in all states. For example, in Idaho, you do not have to have showings only during business hours, and if your lease states that you can show during reasonable hours, you can, whether or not the tenant gives you separate permission for each showing.

Normal in my area is that an agent who wants to show a listing will call 24 hours in advance, and let the tenant know when they are coming. Assuming the tenant's lease is written correctly, the tenant cannot dictate when will work and when will not.

On the other hand, if an agent wants the tenant to actually clean up and have the place looking nice, they will try to cooperate with a tenant's requests on times.

As a landlord, we have had both ends of the spectrum. We have two different owners trying to sell their property while a tenant lives there. One of them is totally uncooperative, stays home on purpose with a sink full of dirty dishes, laundry all over, etc. when a showing is scheduled and lets their 5! kids climb all over and yell at the buyer, including things like "This is our house, get out" and "You can't be in here, you have to leave".

On the other end, we have one who is in a very nice house, who also has 5 kids, who has only had 1 showing because of the price range, but she had the place immaculate, and took the kids out for an hour for the showing. We gave her a credit off her rent for the month for being so cooperative on it.

As for asking for concessions, what does your lease say about them selling the house? If it says you agree to cooperate with showings if they decide to sell, you can't use that as a bargaining point, as them listing the house does not violate your lease, so you couldn't just move out early because you don't want to be there while they sell. You should be keeping the house more or less clean anyway also, so that isn't really a bargaining point either. However, if the law really does say showings are business hours only, then open houses and weekend showings are a point to negotiate over. And wanting you to rearrange your furniture, etc is definitely a negotiation point.

Depending on when your lease would normally be up and how many showings they are having each month, you may be asking for too much or not enough. I think 25% off the rent is reasonable if they are getting a lot of showings, and I would ask for extra discounts if they want to do weekend open houses. If they are getting one showing a month, 25% is probably not reasonable, maybe 10% would be more fair. And if you have a lot of time left on your lease, they would have to buy you out, and $300 isn't very much for that. However, if you are month to month already, then why would they pay you anything for a flat fee?
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Old 07-21-2010, 02:30 PM
 
138 posts, read 511,957 times
Reputation: 123
When our home was back up for rent the agent put my phone # on the listing info for the realtors to call..That way I could set up a time that would work for everyone. Its unfortunate that most calls were about a 2 hr notice, I don't understand who wakes up and descides to see a house that day? I had must give a 2 hr notice (I have kids) also put on the listing. I delt with this for 2 months, it was hell but after the first month the calls dropped a lot.
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Old 07-21-2010, 05:32 PM
 
14 posts, read 67,787 times
Reputation: 22
Quote:
Originally Posted by Lacerta View Post
I assume that since you are saying "the law says", that you actually did look up the laws for your state. I mention that because several of the things you stated are not the law in all states. For example, in Idaho, you do not have to have showings only during business hours, and if your lease states that you can show during reasonable hours, you can, whether or not the tenant gives you separate permission for each showing.

Normal in my area is that an agent who wants to show a listing will call 24 hours in advance, and let the tenant know when they are coming. Assuming the tenant's lease is written correctly, the tenant cannot dictate when will work and when will not.

On the other hand, if an agent wants the tenant to actually clean up and have the place looking nice, they will try to cooperate with a tenant's requests on times.

As a landlord, we have had both ends of the spectrum. We have two different owners trying to sell their property while a tenant lives there. One of them is totally uncooperative, stays home on purpose with a sink full of dirty dishes, laundry all over, etc. when a showing is scheduled and lets their 5! kids climb all over and yell at the buyer, including things like "This is our house, get out" and "You can't be in here, you have to leave".

On the other end, we have one who is in a very nice house, who also has 5 kids, who has only had 1 showing because of the price range, but she had the place immaculate, and took the kids out for an hour for the showing. We gave her a credit off her rent for the month for being so cooperative on it.

As for asking for concessions, what does your lease say about them selling the house? If it says you agree to cooperate with showings if they decide to sell, you can't use that as a bargaining point, as them listing the house does not violate your lease, so you couldn't just move out early because you don't want to be there while they sell. You should be keeping the house more or less clean anyway also, so that isn't really a bargaining point either. However, if the law really does say showings are business hours only, then open houses and weekend showings are a point to negotiate over. And wanting you to rearrange your furniture, etc is definitely a negotiation point.

Depending on when your lease would normally be up and how many showings they are having each month, you may be asking for too much or not enough. I think 25% off the rent is reasonable if they are getting a lot of showings, and I would ask for extra discounts if they want to do weekend open houses. If they are getting one showing a month, 25% is probably not reasonable, maybe 10% would be more fair. And if you have a lot of time left on your lease, they would have to buy you out, and $300 isn't very much for that. However, if you are month to month already, then why would they pay you anything for a flat fee?
I've checked my state laws. It is a month to month rental agreement and the owner needs someone to stay in the rental until it is sold so she can generate income, b/c she lost her job. Her condo could take months to sell and if she doesn't have any tenents then she isn't making any income. If I leave, she will not be able to find someone else that will agree to pay full rent, have open houses whenever she feels like it, and have them open to moving once the place is sold. Unfortunately, for her, she doesn't understand that an is being selfish.

You would think she's be smart enough to keep me happy so I would stay and keep paying her for the next few months. But she is a divorced, obese, witch so she will never get it.
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Old 07-21-2010, 05:33 PM
 
14 posts, read 67,787 times
Reputation: 22
Quote:
Originally Posted by peanut24 View Post
When our home was back up for rent the agent put my phone # on the listing info for the realtors to call..That way I could set up a time that would work for everyone. Its unfortunate that most calls were about a 2 hr notice, I don't understand who wakes up and descides to see a house that day? I had must give a 2 hr notice (I have kids) also put on the listing. I delt with this for 2 months, it was hell but after the first month the calls dropped a lot.
Why did you put up with it?? What was the incentive?
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Old 07-21-2010, 05:35 PM
 
Location: Fort Wayne/Las Vegas/Summit-Argo
245 posts, read 585,936 times
Reputation: 241
Sounds like it's time for you to go,OP.
If your landlord is being this unpleasant,then she really needs the money and probably will get worse before she gets better.

If you haven't found another place yet, then you are already behind the curve.
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