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I leased a house for sale three months ago with a discount on the market rate for bringing my furniture and "staging" the house. I was told I didn't have to show the house after 6 pm or without a 3 hour notice. I was sent an email asking me to move out immediately because I refused an 8 pm showing when the guy showed up with no agent and today when I refused a guy at the door with 15 minutes notice that I said no to. The lease calls me "Home Manager" not renter despite the fact that I pay rent but the company claims they can lock me out because I have no tenant rights. The show home company is upset because they came once and I couldn't get my son to stop crying (he was teething). And because I asked for warning when they send people to see the house because I have a family and need to let the kids nap and need to make them dinner. They ring my phone to death and I haven't had a moments peace here and will move as soon as I can find a place. It is hard to leave the house to go look because they forget to tell me about showings and have threatened to come in with the police if I refuse a showing. Has anyone ever had an experience like this and what do I do????
Details need to be in the lease. Even if you are referred to as a house manager, you are a tenant. State and local laws dictate how and when they can evict you.
It's all in the paperwork. It sounds like one of those situations where someone is allowed to lease a property that is for on a month to month basis for a reduced lease payment on the condition that they keep the house in showing ready condition at all times and allow showings and agree to move out (usually with 30 days notice) when the house sells. If so, then all of that should be written into the lease or employment contract, whichever you have.
I have no advice, but sure feel for you! I'm trying to sell a home & showing it is the pitts! I know its got to be done, but while living this way you have NO life.Plus I'm trying to pack to move at the same time...so I get "the call" and rush around like crazy putting all the packing mess away. And when they dont show up, I want to strangle someone. grrrr
I know your getting a deal on the price, but I cant see any discount being worth living this way. I also dont see how they can try & force you out without notice....but if they tell you that you have to leave in 30days, I guess that'd be legal. Good luck & hope you find a new place FAST!
You need to get all the papers and bring it to someone who knows your state laws. there was a story not long ago on the local news (one of those tv station help people get things fixed reporters) and it was on a house manager getting kicked out early. They couldn't do anything to help because the lease was not a landlord tenant lease but a business lease arrangment. The things they said to look for if the lease doen't mention landloard tenant laws but business laws. If they call you an independent contractor instead of the tenant thats another red flag. Just beacuse the word lease is on the papers does not mean the deal is covered as a renter, especially if written as a business arraigngment. The reporter said in some states you may have some rights but most times because its written to outline a business contract (just like a copier lease, or equipment lease) you could be limited in landloard tenant protections. They said to always have the papers reviewed and explaind by a knowledgable lawyer so you know where you stand when you sign it. Hopefully you have proyections.
Part of me says its crappy because there were set rules and you didn't break any. The other part of me says you shoud have expected as much. These places want you there for one reason only. To help sell the house by keep it staged and lived in.
If you didn't break the lease, then they can't evict you, regardless of whether you're considered a tenant or an independent contractor. They can't change a contractual agreement mid-stream (dropping the 3 hr notice requirement, etc.)
I just reread your original post and it says no showings after 6 P.M.? That means that the potential buyer pool has been cut drastically, since many buyers have to look after work. That's a MAJOR concession if you're actually in the program where people lease a house until it's sold in exchange for keeping it in show-ready condition and occupied.
You say you were "told" no showing after 6 PM and 3 hours notice. Was this in your written agreement?
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