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ok i seen an add on CL for a house i made an appt. to go see it the house is what i was looking for, there was a few things wrong with i pointed out they told me they would all be taken care of i signed a lease, they fixed one thing the water heater BUT nothing else and won't it anything now.
My main question is 1 week after i moved in they starting calling for Brokers to start showing the house for sale they told me nothing about the house being for sale i have a 14 month lease but now Brokers are showing up everyday to show the house letting all these people in here
Can they do this? or can i refuse?
I tried to buy the house but can't come up with a ton of money for down payment, so now the brokers management company is getting real snottie with me refusing to fix anything and telling me that i have to let them in
You need to check the landlord tenant statutes for Nebraska but in most jurisdictions a Broker or a LL must give sufficient notice to the tenant of any showing of the property. I don't think in any jurisdiction that they can simply show up unannounced.
I also believe it's illegal for the LL to have had you sign a lease if the lease did not specify that the property was, in fact, for sale. Hopefully someone else can give you more precise information. Good luck!
As far as I know the LL doesn't have to tell you the property is up for sale. Selling a rental property is advantageous to the owner with a tenant. The new buyer has to honor your lease but no obligation to renew and has to give you proper notice of non-renewal (stated in your lease agreement).
Showing is always advance notice in writing ( anywhere from 12-48 hrs dependent on state of residence).
Selling doesn't keep the LL from making necessary repairs, until the actual transfer, then you'll address repairs to the new owner, so type a letter listing his original agreement prior to signing the lease, keep a copy for yourself and give the LL a reasonable amount of time ( at least 2 weeks).
You didn't post what kind of repairs are left, if there signifigant enough and he fails to address them within the time frame let him know you plan to contact Code Enforcement. He'll be forced at that point if the repairs are violations.
Here are a couple of helpful links
http://www.nrec.state.ne.us/landlordact.htm (broken link)
I can't even imagine having to go through that. Are they selling the house as an individual residence or selling it as investment/rental property? If it's an investment sale, then you should be good to go. If it is being sold as a residence, then you need to know what protection you have if those people want to move in.
This really sucks. I can understand it if a LL comes up with the idea to sell a house, say, 6 months after the tenant has moved in. But only 1 week after moving in?! Then it's all planned out. How can one be asked to sign a 14 month lease without being told what big changes would happen that would affect the tenant's living there?
It also shows that one should never sign a lease before the "promised" repairs have actually been done.
I can think of a remote possible solution: go find someone for the LL to buy the house, whom you know will be good new LL, or at least can get along with you (though don't expect the current LL to pay you commission).
Thanks for the info,
any lawyers here in Omaha want to help us?
They are starting to show up now with no warning
plus refuse to fix anything and won't let me do it
Thanks
If they are showing up with no warning, I wouldn't let them in.
You want things fixed??? When they ARE showing it, be sure to mention all the broken items to the broker and say "you promised these would be fixed by ___ and STILL nothing has been fixed at all!"
I would think a tenant has rights and this couldn't be allowed any where. I would write the LL a certified letter and and would ask for moving costs and compensation if they keep having potential buyers show up at the house you rented. If she keeps doing that I would go to small claims court since this couldn't be right.
If they show up without notice do not let them in, if they argue call the police and report tresspassers. If they try to enter anyway or enter the house without notice while you are not home call the police and report breaking and entering. Let the brokers know that this is what you will do. Also send the LL a letter CRRR and inform them that if they want to show the house they must give 24 hr notice as required by state law ( quote the applicable law for your state) as this is not considered an emergency situation. It is in your best interest to cooperate with the sale, but they cannot infringe on your rights to accomplish this. Maybe you can work out acceptable hours with your LL.
Send a second letter to the LL CRRR informing them of the required repairs. Always keep copies of everything and document every incident.
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