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Brevard County Space Coast: Palm Bay, Melbourne, Titusville area
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Old 02-15-2013, 09:19 AM
2 posts, read 1,910 times
Reputation: 10


We've lived here since October '09 and signed a 1 year lease at that time. One year later we signed another lease. When that second one expired neither the property management office nor myself requested a renewal. Per the lease that makes it a month to month rental. We received an email last month from property management office that the owners of the house are going to put it up for sale. They didn't tell us when but insisted we had time and not to worry. Now I receive and email yesterday stating it is now on the market and they'll be putting a lockbox on the door today. And that they will try to give a 24 hr notice prior to showing and this could include weekends and evenings because they don't want to keep owner from selling. Here's my questions....Is that an acceptable notice on their part?
My wife and I work til 5;30-6:00pm and our two children(14-12) are home by themselves after school until we get home. I asked property mgmt to not show from 2-6 because of this and was told that I've been given notice that this was coming down the pipe. So I'm supposed to make my kids leave if people come to see house(per mgmt). Are they allowed to do that? Our lease doesn't state anything about giving notice to move out if month to month. We're frantically looking and if we find something is 2-3 weeks notice enough? And should property management offer me some kind of assistance since I wasn't financially prepared to have to spend close to $2200 for deposit and moving expenses since she told me once house sells I'll have no more than 30 days to vacate? Thanks for any advise you can give...
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Old 02-15-2013, 07:22 PM
Location: South Florida
4,954 posts, read 6,607,356 times
Reputation: 5193
It sounds like they're doing everything legally as far as giving you notice.
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Old 02-15-2013, 09:12 PM
Location: Florida -
10,174 posts, read 13,345,569 times
Reputation: 21576
You are on a month-to-month rental ... which, by definition, gives you the flexibility to move at virtually anytime without giving the owner notice. This apparently seemed more acceptable to you than seeking a longer lease ... and the owner agreed - because he also had greater flexibility in mind.

Now, you are upset, because the owner, who has no more obligation to you than your month-to-month rental, wants to dispose of his property (?) Honestly, what did/do you expect? -- Suppose you owned the property and needed/wanted to sell it under similar circumstances. Then, a month after advising your renters of your plans to sell, they had still not even made other plans ... and wanted you to limit showings to 9-2 ... after giving more than 24-hours notice (in spite of a really tough housing market)?

Your inconvenience is unfortunate, but, that's part of a month-to-month rental situation. The handwriting is on the wall --- You have more flexibility than the owner does with his selling options. It's time to get busy and find someplace else to live.
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Old 02-16-2013, 07:19 AM
Location: New York
2 posts, read 2,325 times
Reputation: 10
You should've made a move when the notice was given to you. This is a sad thing or maybe traumatic for the kids but maybe you can ask some time from the owner so that you'll be able to find another place to live.
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Old 02-16-2013, 07:42 AM
6,545 posts, read 5,190,056 times
Reputation: 14413
Best you can do is to agree to showings that do not put you out and refuse the ones with too short notice or at inconvenient times. The property management company is not going to physically come out and force you to show a short notice or crazy hour showing. Be reasonable. Start looking for a new place and move when you find it. There's a good chance you'll like your new place more than the one you're in.
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Old 02-16-2013, 07:50 AM
Location: IGO CA
350 posts, read 433,442 times
Reputation: 845

Showing Schedule

  • Before prospective buyers purchase the house, they usually want to see it. They enter the house and become an inconvenience to the tenant. When the tenant pays rent, he gets the right for quiet enjoyment of the house and can stop the landlord, realtors and prospective buyers from entering the property. The landlord or his agent needs to give the tenant 24 hours' notice and get his consent before showing the property.

Showing Accommodation

  • Even when the landlord or his agent gets the tenant's consent to show the property, the tenant does not have to do anything to help with the showing. The landlord can't make the tenant leave the house or even the room during a showing, because the tenant has the right to stay and go about his business. If the landlord insists on your cooperation, you may be able to negotiate a reduction in rent in exchange for showing privileges. After all, you are giving up some of your right to quiet enjoyment of the house.

Read more: Tenant Rights When a House Is Being Sold | eHow.com Tenant Rights When a House Is Being Sold | eHow.com
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