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Old 04-22-2012, 12:36 PM
 
12 posts, read 41,873 times
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Quote:
Originally Posted by STT Resident View Post
Given this, I think you should give a 30 day notice and arrange to move sooner rather than later. If the stress of dealing with this issue is going to cause the demise of your twin fetuses then obviously removing the immediate stress factor is paramount. Maybe you could move in with family members temporarily if you can't find something more suitable as a temporary measure before your house is ready to move into.
I agree with you regarding removing sources of stress. And I did contemplate the possibility of just saying "to heck with it" and moving now rather than being forced to move a few weeks before our house is completed. However, trying to move right now would not only cause more stress than the situation we are currently in, but would be physically impossible while on bedrest. If I am not allowed to get up for more than a few minutes at a time and am restricted to light activity only, how can I possibly pack for a move?

It would be like jumping out of the frying pan into the fire.
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Old 04-22-2012, 01:15 PM
 
12 posts, read 41,873 times
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To the posters that suggested a chain lock: that would be a great solution, however it is forbidden in our lease agreement. Instead, I opted to put a post-it note above our doorknob stating that: "The tenant is home, but may be unable to come to the door due to medical reasons. Please do not just let yourself in unless you have a confirmed appointment with 24 hours notice to the tenant." Hopefully, this is reasonable and acceptable to our landlord.

We are not trying to be obstructionist at this time. We really aren't. There just have been some requests (demands?) that I really feel are unreasonable. Like the lockbox. And agents calling expecting us to show the place on a moment's notice. Also, the listing agent insisted that we needed to put small kitchen appliances (i.e. toaster, blender, can opener) in a cupboard rather than keeping them out on the counter. Well, sure, that would look nicer and more open, but unfortunately there isn't enough cupboard space as it is, and we use those all the time so we need them out. Also, we were told to organize our storage area (my husband did do this just to be nice), because the agent thought it looked too disorganized. What next? Will they ask us to alphabetize our DVD collection? We keep the place clean, and we try to keep the clutter to a minimum (I will admit that sometimes the mail gets out of hand), but expecting the place to look like a model home at all times just in case someone shows up doesn't seem reasonable to me.
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Old 04-22-2012, 01:51 PM
 
Location: Raleigh, NC
19,441 posts, read 27,844,220 times
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Quote:
Originally Posted by STT Resident View Post
Given this, I think you should give a 30 day notice and arrange to move sooner rather than later. If the stress of dealing with this issue is going to cause the demise of your twin fetuses then obviously removing the immediate stress factor is paramount. Maybe you could move in with family members temporarily if you can't find something more suitable as a temporary measure before your house is ready to move into.
That's the best answer of all.
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Old 04-22-2012, 01:57 PM
 
Location: Raleigh, NC
19,441 posts, read 27,844,220 times
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Quote:
Originally Posted by LilTMD View Post
I agree with you regarding removing sources of stress. And I did contemplate the possibility of just saying "to heck with it" and moving now rather than being forced to move a few weeks before our house is completed. However, trying to move right now would not only cause more stress than the situation we are currently in, but would be physically impossible while on bedrest. If I am not allowed to get up for more than a few minutes at a time and am restricted to light activity only, how can I possibly pack for a move?

It would be like jumping out of the frying pan into the fire.
Here's how you move NOW: You hire movers. You ask friends for help. You call a local church. If you have no local family, pay for a plane ticket to get somebody there to pack for you. You're husband does the packing. He asks his co-workers for help. You're in a vulnerable health situation - people will WANT to help.

The pushy realtors - they are simply trying to make a living. If it's a nice house in a good neighborhood, they want to show it to their clients as quickly as possible so they get the sale. That's their job and how they pay their own mortgage and take care of their kids.

As for his other "demands" like cleaning off the counter tops, etc. - well, I gotta agree with him on that one, too. He NEEDS to sell the house and wants it to look as good as possible.

You NEED to move. This hassle isn't worth the stress.
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Old 04-22-2012, 02:30 PM
 
Location: southwest TN
8,568 posts, read 18,112,482 times
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Quote:
Originally Posted by Jkgourmet View Post
Here's how you move NOW: You hire movers. You ask friends for help. You call a local church. If you have no local family, pay for a plane ticket to get somebody there to pack for you. You're husband does the packing. He asks his co-workers for help. You're in a vulnerable health situation - people will WANT to help.

The pushy realtors - they are simply trying to make a living. If it's a nice house in a good neighborhood, they want to show it to their clients as quickly as possible so they get the sale. That's their job and how they pay their own mortgage and take care of their kids.

As for his other "demands" like cleaning off the counter tops, etc. - well, I gotta agree with him on that one, too. He NEEDS to sell the house and wants it to look as good as possible.

You NEED to move. This hassle isn't worth the stress.
While the LL and realtor NEED to sell the house, the tenant and her unborn children NEED to stay put and NEED to not be stressed extra by requests/demands that are impossible to meet. As for hiring movers, the LL is free to ask the tenants to leave and she is free to go to court to stop any efforts to do so. I believe that there are few judges who would permit daily interruptions in the tenants life under these conditions.

If the lease prohibits installing an interior lock such as a chain, then I'd look into something like this:
Click here: Amazon.com: Master Lock 265DCCSEN Dual-Function Security Bar: Home Improvement

I cannot imagine any lease having wording sufficient to prohibit a portable, temporary, while you are in the room security bar such as the above. And, since no one should be entering the home while you are there without prior approval and permission, then no one should be knowing you have such a thing.
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Old 04-22-2012, 02:34 PM
 
16,376 posts, read 22,490,585 times
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Quote:
Originally Posted by LilTMD View Post
To the posters that suggested a chain lock: that would be a great solution, however it is forbidden in our lease agreement. .
Check your state laws about chain lock and other similar interior locks. My state (FL) has a specific law that says the tenant has the right to have such locks and landlord cannot forbid. And the way state laws for landlord-tenant work is - if the item is allowed per state law but forbidden in the lease, then state law trumps and that portion of the lease is not enforcable.

Check NE law ...do some google searches regarding such keywords as: " landlord tenant NE locks door security" ...whatever words might match the specific laws IF they exist on this matter.

I agree with you, moving at this point in your pregnancy is impossible because it will cause more stress due to you being on bedrest. You cannot simply hire movers or get friends/family to move you and supervise and made decisions and be stress-free while doing this from the bed. And then having to clean up after the move out and pick the new rental unit. NO WAY. Nice idea, but you are not physically able to do this at this point in your pregnancy.

Maybe temporarily have your husband place something in front of the front door so it will not open. They have security devices like this that are like a stick that you attach to the door knob and it has pressure to the floor on an angle and will not allow the door to open when you are home. You simply remove this device when someone has the 24 hr advance appointment. On days when no appointment, the device goes on the door. See this link for such a temporary device. This one has an alarm but maybe you can leave the batteries out and use it only to keep the door from opening. Or find something similar. In this case, it isn't a hook/eye or any lock that would need landlord approval. This device is called an Alarm Security Bar. I googled and got this...

http://www.google.com/products/catal...d=0CJQBEPICMAI#

below is a link to another temporary door security device that prevents it from opening. This is marketed for folks that want extra security in a hotel room.

http://www.defensedevices.com/portable-door-lock.html

Last edited by sware2cod; 04-22-2012 at 03:25 PM..
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Old 04-22-2012, 03:19 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
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With all due respect, I don't think the letter of the law will be budged much simply because of the OP's physical limitations due to her pregnancy. As much as it's of paramount importance to the OP, court rulings are based on the law and not on sympathy. The question of the locks is one thing and notice to show the house is another but the bottom line is that the OP's lease has expired and it's a month to month rental agreement which can be ended with a month's notice by either party. If moving is "impossible", the law doesn't really care and doesn't make exceptions. That's the harsh reality. I hope the OP can work things out amicably with the LL.
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Old 04-22-2012, 03:30 PM
 
16,376 posts, read 22,490,585 times
Reputation: 14398
Quote:
Originally Posted by STT Resident View Post
With all due respect, I don't think the letter of the law will be budged much simply because of the OP's physical limitations due to her pregnancy. As much as it's of paramount importance to the OP, court rulings are based on the law and not on sympathy. The question of the locks is one thing and notice to show the house is another but the bottom line is that the OP's lease has expired and it's a month to month rental agreement which can be ended with a month's notice by either party. If moving is "impossible", the law doesn't really care and doesn't make exceptions. That's the harsh reality. I hope the OP can work things out amicably with the LL.
If landlord has not given notice, no need for tenant to give notice. At this point the landlord has not given a 30 day notice for tenant to move, so it is a non-issue. In 30 days, the babies will likely be born and by then, tenant will no longer be on bed rest. There is no court ruling since there has not been a move-out notice that has been ignored. Actually, not even any move out notice by any party. Sounds like the tenant does not want to move until September so tenant would not be giving notice.

Sounds like the tenant is not being unreasonable at all and is allowing all showings and such so landlord should be happy. Landlord would never know if you left a toaster on the counter for some showings if you don't adverstise the issue.

I think the showings are going to tricke down to a few showings per month for the next few months unless landlord lowers the price, If the house is severely overpriced.

In approx 6 more weeks, babies should be 2 weeks old and mom will have recovered from the C section.
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Old 04-22-2012, 03:37 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by sware2cod View Post
If landlord has not given notice, no need for tenant to give notice. At this point the landlord has not given a 30 day notice for tenant to move, so it is a non-issue. In 30 days, the babies will likely be born and by then, tenant will no longer be on bed rest. There is no court ruling since there has not been a move-out notice that has been ignored. Actually, not even any move out notice by any party. Sounds like the tenant does not plan to sent notice anyway.

Sounds like the tenant is not being unreasonable at all and is allowing all showings and such so landlord should be happy.

I think the showings are going to tricke down to a few showings per month for the next few months unless landlord lowers the price, If the house is severely overpriced.
I understand that. The OP has said, though, that, "And after my C-section, I will be recovering for a minimum of two weeks, possibly longer than that. I think it would be unconscionable to demand that someone move when they are recovering from major abdominal surgery AND have two newborns to care for, especially when there is little to gain financially from doing so." I'm not making any assumptions or hurling any brickbats, simply pointing out basic facts devoid of emotions.
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Old 04-22-2012, 04:16 PM
 
12 posts, read 41,873 times
Reputation: 23
NY Annie and sware2cod: THANK YOU! Those bar lock devices might be just what I need! I am going to look into those.

Jkgourmet: While these realtors may think their need to show the home trumps our right to "peaceful enjoyment of the property" while we live here, they are not allowed to come and go as they please as per the NE landlord tenant act. Please see below.

(1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

(2) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

(3) The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least one day's notice of his intent to enter and enter only at reasonable times.

(4) The landlord has no other right of access except by court order, and as permitted by subsection (2) of section 76-1432, or if the tenant has abandoned or surrendered the premises.

We are more than willing to comply with the law (which states that we must allow reasonable access). But real estate agents need to act like professionals and also comply with the law (which states they must give us reasonable notice, defined above as 1 day). It is not unreasonable for us to request that they abide by the law.

Also, regarding the "cleaning up the counter"...it's not messy, cluttered, or dirty. It just has a few neatly arranged small appliances on it that are used on an almost daily basis. Any reasonable person would say that it looks just fine for a home that is currently being lived in. Sorry, but just because they don't like how we have our kitchen arranged, or the way our furniture is arranged does not mean they can demand that we change it, or put our belongings in storage. That is really not reasonable. How far can it go before it is considered harrassment? If they don't think our comforter color suits the room, do you think it's reasonable for them to insist we buy a new one? How is that NOT interfering with "quiet enjoyment of the property"? Or is it just that you don't believe renters have any rights at all when they are in a month to month arrangement?
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