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Old 03-12-2008, 07:11 PM
 
142 posts, read 608,066 times
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Thanks for the info!
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Old 03-12-2008, 07:40 PM
 
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Default How it's supposed to work in California...

Quote:
Originally Posted by sallyg View Post
Actually in most cases you are wrong. If you choose to rent, unless stipulated in the lease, the renter does not have to allow anyone to see the home until one month before lease ends.
Here is what the State of California has to say and the last section in Blue is specific to the Sale of Tenant Occupied Rentals...

WHEN CAN THE LANDLORD ENTER THE RENTAL UNIT?
California law states that a landlord can enter a rental unit to show the property...

To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy.

The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry. However, advance written notice is not required when...

The tenant is present and consents to the entry at the time of entry.

The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. The landlord or agent may:

Personally deliver the notice to the tenant; or
Leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant's household); or
Leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found; or
Mail the notice to the tenant.

The law considers 24 hours' advance written notice to be reasonable in most situations.

If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations. The tenant can consent to shorter notice and to entry at times other than during normal business hours.

Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord's agent may give the tenant notice orally, either in person or by telephone. The law considers 24 hours' notice to be reasonable in most situations. However, before oral notice can be given, the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it. This written notice must be given to the tenant within 120 days of the oral notice. The oral notice must state the date, approximate time and purpose of entry. The landlord or agent may enter only during normal business hours, unless the tenant consents to entry at a different time. When the landlord or agent enters the rental, he or she must leave a business card or other written evidence of entry.

The landlord cannot abuse the right of access allowed by these rules, or use this right of access to harass (repeatedly disturb) the tenant. Also, the law prohibits a landlord from significantly and intentionally violating these access rules to attempt to influence the tenant to move from the rental unit.

If your landlord violates these access rules, talk to the landlord about your concerns. If that is not successful in stopping the landlord's misconduct, send the landlord a formal letter asking the landlord to strictly observe the access rules stated above. If the landlord continues to violate these rules, you can talk to an attorney or a legal aid organization, or file suit in small claims court to recover damages that you have suffered due to the landlord's misconduct. If the landlord's violation of these rules was significant and intentional, and the landlord's purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation
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Old 03-12-2008, 08:54 PM
 
Location: Columbia, SC
7,033 posts, read 11,161,829 times
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Quote:
Originally Posted by sallyg View Post
We are renting a home for $4000 per month and in our lease owners can begin showing home for sale in next few weeks. We knew this stipulation when signing lease, but know there is a brokers open house and we are told perspective buyers can come btwn 9-7, 7 days a week with little notice. We have kids under the age of 3 and didnt think the whole thing would be so invasive, considering the amount we pay for rent. Our lease does not end for 4 months. I guess we weren't thinking when we signed the lease, because we were in a bind, how annoying this would be. Are there any stipulations I can place on buyers agent regarding showing times. Is it necessary to have brokers open house. Also- what if something is broken or stolen from the home. Who will be responsible???? Thanks!
Call your landlord and the Realtor and ask for 24 hour notice if you are concerned about privacy.
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Old 03-13-2008, 05:47 AM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 21,039,425 times
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Quote:
Originally Posted by Ultrarunner View Post
Here is what the State of California has to say and the last section in Blue is specific to the Sale of Tenant Occupied Rentals...

WHEN CAN THE LANDLORD ENTER THE RENTAL UNIT?
California law states that a landlord can enter a rental unit to show the property...


snip

If your landlord violates these access rules, talk to the landlord about your concerns. If that is not successful in stopping the landlord's misconduct, send the landlord a formal letter asking the landlord to strictly observe the access rules stated above. If the landlord continues to violate these rules, you can talk to an attorney or a legal aid organization, or file suit in small claims court to recover damages that you have suffered due to the landlord's misconduct. If the landlord's violation of these rules was significant and intentional, and the landlord's purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation[/color][/b]
I wonder if this would work in the face of specific contract terms?

I would also suspect most LL Tenant laws to be much less Tenant favorable when outside of CA and a few other states. Certainly true in NV.

Note OP that the LL and Agent really need your cooperation. So have a discussion about the T&Cs to get it. Alls fair in love and showing houses.
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Old 03-13-2008, 09:32 AM
 
Location: Central Texas
16,498 posts, read 22,967,292 times
Reputation: 12798
When we list a property (Texas), there is a form to be signed by the tenant if the property is leased that gives the tenant's permission for a lockbox to be on the property. This is in addition to the paragraph in the listing agreement in which the seller gives that permission. We have to have both.

However, again, it depends on what the lease you signed says. Always read what you sign, in other words.
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Old 03-13-2008, 01:37 PM
 
Location: The Big D
14,874 posts, read 23,874,869 times
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Quote:
Originally Posted by TexasHorseLady View Post
When we list a property (Texas), there is a form to be signed by the tenant if the property is leased that gives the tenant's permission for a lockbox to be on the property. This is in addition to the paragraph in the listing agreement in which the seller gives that permission. We have to have both.

However, again, it depends on what the lease you signed says. Always read what you sign, in other words.
AND in addition the Centralized Showing Services here in the Dallas area calls the tenants to okay the showing. The tenant CAN turn them down on the phone AND at the door. It does happen They can trash the place to high heaven just before a showing, give any excuse they want why they won't let it be shown, etc. They have the final say so.
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Old 03-13-2008, 04:27 PM
 
Location: Central Texas
16,498 posts, read 22,967,292 times
Reputation: 12798
We don't use a centralized showing service - I've had experiences with them elsewhere as a buyer's agent and wasn't terribly impressed. Either the occupant is called directly or the agent is called and then calls the tenant, depending on the arrangements with the seller/tenant.
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Old 03-13-2008, 05:51 PM
 
Location: Barrington
20,036 posts, read 14,400,856 times
Reputation: 6208
It's amazing how a sink overflowing with dirty dishes, cold pots of food and unflushed toilets can turn off a buyer.

I think the OP has leverage here. In consideration of reasonable notice, they can agree to have the place is reasonable condition.
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Old 03-14-2008, 06:25 PM
 
142 posts, read 608,066 times
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Thanks again for advice- very useful info!
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Old 03-16-2008, 09:53 AM
 
142 posts, read 608,066 times
Reputation: 47
Is it owner's right to have an open house or broker's open house while we are renting? I am very uncomfortable with this. There is no mention of this on our lease? Can I say "no" to this? We are being really accomodating w the showings. There were 7 yesterday (Sat) and they have already starting calling this morning @9am on a sunday. I know I only have to show mon-fri. thanks!
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