Help w/landlords selling building... (for sale, real estate market, apartment)

[ringo*]

Our landlords have been, for the past 6 months, harassing me and my family (too lengthy to discuss here). We have been living here for 3 years and I told my wife when it started that something was weird. It was my hypothesis, since this is a 2-unit building and the lower unit had just been vacated, that they were trying to force us out so they could sell.

Let me just repeat, they have been VERY rude (stopping by unannounced, yelling at my wife, jumping on our backs for every little thing, calling multiple times a day to complain about things like our baby stroller being in the entrance, etc.)

Well, lo and behold, we got a phone call 2 nights ago from our landlord in a MUCH different tone, very nice and all. It turns out they are putting the place up for sale. She has asked us to show our apartment at HER convenience, 3 times a week (Sunday afternoons and 2 afternoons/ evenings during the week).

I don't want to sound small-minded, but I only want to do the minimum here. What am I required by law to do?

Also, since my wife and I had discussed moving anyways, can anyone suggest a way to invite them to "buy us out"? I know that our being here drops the value. I understand that I could be very childish and harm their chances of selling by playing loud music, etc. when they are showing the place. I don't want to do that.

Thanks for the advice. I feel like I just rambled but hopefully I got my point across...

[DMenscha]

A landlord must give you 24 hours notice to show the property and that's that period.

You could let them show it if it's not inconvenient for you to do so with shorter notice, but that's entirely up to you.

You should also know that multi-family rental units are typically purchased with an inspection clause AFTER the transaction is agreed to. Also, most investors would prefer to have tenants in the building as the effort involved to secure new tenants can be troublesome. I can't see how your being there devalues the property at all. If there is a vacant unit, let the landlord show that and a prospective purchaser can see yours after they come to an agreement.

[ringo*]

I'm not sure I understand you, DMenscha:

- The landlord can show MY apartment at any time, provided I am given 24 hours notice?

Don't I have any rights regarding people coming into my home?

As for the investors wanting renters, that makes sense I guess...

[Ultrarunner]

As mentioned, California is quite specific as to the procedure when showing a building that is for sale.

Here is an excerpt...

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 entry112

Additional information is available from the State of CA here...

California Tenants - California Department of Consumer Affairs

[Ultrarunner]

Originally Posted by ringo*

I'm not sure I understand you, DMenscha:

- The landlord can show MY apartment at any time, provided I am given 24 hours notice?

Don't I have any rights regarding people coming into my home?

As for the investors wanting renters, that makes sense I guess...

Not exactly... the unit may only be shown during normal business hours unless you consent otherwise. 24 hours advanced notice is considered adequate.

You do not have to let any prospective buyer see the property unless 24 hour notice is given.

This is one of the differences between renting and owning.

I have offered tenants rent reductions for allowing short notice viewing...

[ringo*]

So let me get this straight, if my landlord calls me this evening at 3pm and tells me she wants to show the property at 4pm, I have no right but to comply and allow them to come into my private living space?
Or another example, she could tell me on Sunday that she will be showing the property this week on Tuesday, Wednesday, Thursday and Friday and I have to allow it?
Finally, she can ONLY show my place during normal business hours? So M-F from 8-5pm?
Also, according to the website, I must be given written notice that the place is for sale. Since I haven't received that yet, I am under no obligation to accommodate her requests?
Wow, this isn't how I thought it would be at all. Is there no limit to the amount of times she can show it? What if I'm not here to receive the oral request? Is it in my best interest to set up certain days and times during the week, even though I admittedly want to "stick it to her" a little for being so rude to my entire family these past 6 months?

[ringo*]

One more thing- I remember when I was in the market to buy and we were suddenly told we couldn't enter the property since the renter decided short notice he didn't want it. Is this ok?

[DMenscha]

Thanks Ultra for the far more detailed explanation. Ringo, you gave an example of a 3PM notification and a 4PM showing. That clearly isn't 24 hours advance notice. The essential thing it must be at least 24 hours notice. Your example before this about not being able to see the property because the tenant didn't want to show it is more likely an example of a landlord and tenant that had a decent relationship and the landlord agreed that the tenants reason for not showing it was valid.

The written notice must be given within 120 days of the oral notice, so she still has lots of time to deliver that. Given the nature of your relationship with your landlord, I'd think you might be way better off having a new one, so if it were me, I might be inclined to do everything I could to help get the property sold.

Given the real estate market, I don't think you need to be too worried about a stampede through your home. Remember, the person looking to buy isn't looking at your home the same way a person looking to buy and occupy a home will.

[Ultrarunner]

It's possible that you may have to refer the owner and Broker to the information found the CA Department of Consumer Affairs pertaining to showing property for purposes of sale.

Not all Brokers and Owners are aware of the rules and some may be aware and are hoping that you are not.

With proper notice, I can see no way for you to refuse during normal business hours. Your refusal could very well be grounds for a unlawful detainer action.

There is no requirement that you be present for the showings.

[ringo*]

I had meant to say 4pm the next day. Anyways, my wife works at home so, even during business hours it is quite inconvenient.

At this point, I think I am going to wait for notification in writing as required by the Department of Consumer Affairs. I won't set certain days but will instead require notification at least 24 hours ahead of time.

While I want my landlord out, she is a real estate agent and is quite capable of handling the sale and so I see no reason to aid her. There is a lot of resentment, I have spent months cow-towing and biting my tongue. I am THRILLED they're selling, but I just can't resist the temptation of asserting my own agenda here a bit.