Question about landlord's rights to show property (Dallas, Howe: for sale, real estate)

[jazzwineman]

I am a renter i Dallas, TX, of a condo. I have lived here some 7 years and the lease had continued ona year to year basis with a landlord in Kansas. The lease officially ended on Jan 31.2014 and has contained month to month, there has been no issues at all between us and the place has been kept in a fine condition,. he has been wanting to sell the place since Feb and would hope that I would buy. however, I do not want to as i do not believe these condos will be here much longer.

The lease, which is typical in Texas calls for under section 15; Display of signs. During the last "10" days pf this lease", Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to perspective purchasers or tenants.

Neither one of us have given notice to the other and he has listed with a local Real Estate Agent to sell the property,. I already know where I am going to move and about when which will be later in July. He would love to keep me here while trying to show the property- obvious rental income-but I am moving.

The pushy Real estate Agent, who is full of all sorts of cheap sales techniques, obviously wants to have an MLS walk though, one for his office and put a lock box on the door. Beyond the fact I have many valuables ere, a show-cat that has never been out of the house and do much work from my place, have next to zero interest, except if completely convenient to me to let unknown people wander through my belongings when I am not here.

It is my understanding under law, that except for the last 10 days of the lease, which we have not even gotten to yet, (although I am probably giving notice on the first of July), that I do not have to allow the entry by this RE agent or other agents or potential buyers without my complete agreement.

Am I correct in the way the lease reads and the law of tenant rights in the state of Texas?

Thanks for your help.

TBB in Dallas

[WorldKlas]

In Texas, the Landlord or his/her agent can enter the property with 24 hour notice for any reason. You can refuse entry before the 24 hours are up, but not after. If they say the property is being shown tomorrow at 3pm and they tell you at 2pm the day before, they can show it the next day. You cannot refuse to let them in. But, in turn, you can certainly stay there during the showing. They cannot require that you leave. Your lease simply indicates signage requirements. Since you are on a month-2-month lease, the 10 day notice isn't really that big a deal.....

[jazzwineman]

Originally Posted by WorldKlas

In Texas, the Landlord or his/her agent can enter the property with 24 hour notice for any reason. Your lease simply indicates signage requirements. Since you are on a month-2-month lease, the 10 day notice isn't really that big a deal.....

Are you saying thast with a 24 notice that an agent can come in and set up an open house for 3-4 hours? I know that can enter for a number of reasons, but it is my understanding that to show the property that I have to agree to that showing.

TBB

[WorldKlas]

Originally Posted by jazzwineman

Are you saying thast with a 24 notice that an agent can come in and set up an open house for 3-4 hours? I know that can enter for a number of reasons, but it is my understanding that to show the property that I have to agree to that showing.

TBB

You do have to agree to scheduled showings. Now a 3-4 hour open house is another story. Make sure your landlord is aware that you will cooperate with 24 hour in advance appointments but you actually have parties or conference calls scheduled for every day for the next 2 weeks and cannot accommodate a 3-4 window of a steady stream of people. Be sure to advise him that you would have to be there during open houses doing your work and you would have your papers and personal effects scattered all over and would be having rather loud phone conference calls.

[GBCommenter]

Am I reading right that Texas law requires 24 hour notice? It's not much of an issue any longer for me since I'm already moved, but the apartment I was in I had given notice to vacate. A few days later the leasing office wanted to show the place, called my number (which I didn't make the phone in time), but then a few minutes later someone was knocking on the door and tried to enter. I was there and had the interior only lock on, and was just working from home. After that visit, I went to the office and basically threw a fit about not getting 24 hour notice. The lease indicated they could enter but made it appear 24 hour notice wasn't needed. After I threw my fit, they quickly made sure they tried calling in advance and got my permission but still maintained Texas law didn't require 24 hour notice.

In my home state, I knew 24 hour notice was required so kind of assumed the same in Texas, but now I almost want to know for sure and pursue just for the sake of a bit of arrogance on the leasing office's part.

[Siggy20]

Consider yourself lucky. We are getting 1-2 hour notices for showings and have had multiple ones starting almost 5 weeks before our lease is up. I had a realtor barge in without knocking or ringing the doorbell while I was sitting on the toilet. Yesterday we had a grand total of 4 showings throughout the weekend. Our lease says an hour notice. Good times indeed. We also have a pet and had to leave him outside while all these showings were happening since we were out of the house. These are rental showings.

I won't be surprised if someone barges in while I'm showering or sleeping (if I miss a notification call). I will make it a showing no one forgets if that happens with full frontal blubbery nudity that will traumatize everyone.

Just two more weeks and we will be in our new house!

[jazzwineman]

Originally Posted by Siggy20

Consider yourself lucky. We are getting 1-2 hour notices for showings and have had multiple ones starting almost 5 weeks before our lease is up. I had a realtor barge in without knocking or ringing the doorbell while I was sitting on the toilet. Yesterday we had a grand total of 4 showings throughout the weekend. Our lease says an hour notice. Good times indeed. We also have a pet and had to leave him outside while all these showings were happening since we were out of the house. These are rental showings.

I won't be surprised if someone barges in while I'm showering or sleeping (if I miss a notification call). I will make it a showing no one forgets if that happens with full frontal blubbery nudity that will traumatize everyone.

Just two more weeks and we will be in our new house!

There is nothing in my lease regarding notice about showings. However i would think if yo have people barging in without notice, you have clear legal ramifications. I allowed one showing while I was there and if i had not been there is a chance my show Persian would have potentially gone out the patio door and I would consider that as much of a problem as if i had a child and the next door neighbor was molesting them or should I say be that angry. I am not going to allow anyone here unless I am and yesterday i spewed very nicely enough honest, but negative info that I am sure the RE person does not like having me around. I did catch him telling the person prior to coming in that the resident was still here and that was unusual and fronted him with that as he came in the door.

[Siggy20]

Originally Posted by jazzwineman

There is nothing in my lease regarding notice about showings. However i would think if yo have people barging in without notice, you have clear legal ramifications. I allowed one showing while I was there and if i had not been there is a chance my show Persian would have potentially gone out the patio door and I would consider that as much of a problem as if i had a child and the next door neighbor was molesting them or should I say be that angry. I am not going to allow anyone here unless I am and yesterday i spewed very nicely enough honest, but negative info that I am sure the RE person does not like having me around. I did catch him telling the person prior to coming in that the resident was still here and that was unusual and fronted him with that as he came in the door.

They gave me notice through an automated phone call but the realtor just took the key from the lockbox and let himself in without knocking, ringing doorbell, etc. I think that he assumed we wouldn't be here but I've seen more realtors make the effort to ring a doorbell at least. He was apologetic but still was irritating. The listing agent (a friend of the LL) hinted that we should be out during showings but I have her a cross-eyed look and she backed off.

I'm pretty irritated about the whole thing though. We were going to give our LL a 30 day notice but due to our wonderful bank and mortgage lending process, they were going to contact him anyway as part of due process. So essentially he knew almost 2 months out of our leaving. Fortunately the showings didn't start right away but they did start earlier than I would have wanted. This is the same guy who put his house on Craigslist and expected US to show potential renters around. Thank goodness that didn't work out.

It is going to be very nice not to be a renter. We taken better care of this house than most of his tenants. We've informed him of serious maintenance issues like big frickin' holes in his roof, serious wood rot, sprinkler systems leaking, potentially serious HVAC problem, etc. Forced him to do a serious landscaping clean up since the house was the eyesore of the neighborhood. To his credit he has been responsive and he loves us as tenants. But I very much want to go back to owning our house again, maintenance headaches or not. We do try to cooperate and answer questions from the realtors, prospective tenants and sell the house and neighborhood, lol. Just want to be out of here!!! We've closed on our new house but have delayed the move in while we wait for new furniture, assemble things, clean carpets, etc.

[mSooner]

Hehe I think the Persian is a cat

[Siggy20]

Originally Posted by mSooner

Hehe I think the Persian is a cat

Eeek! I need to read a bit more carefully and have another cup of coffee. Thank you, lol. I was kinda wondering why the OP was treating a rug like a child.

I edited my post. I think that rugs are on my mind. Was looking at them this weekend for the new house. Although I bet there are some rug thieves out there as well!!