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And yes....I am fully aware that they guy CAN kick us out with 30 days notice, regardless of my medical condition. Totally agreed. (I think if he does, it would make him a total a**hole, but you are correct, that has nothing to do with the law).
But I still contend that he is a total idiot if he chooses to do that, because he will then have a vacant house with no income from it, and he won't be able to cover his mortgage then. Just seems like an awfully dumb thing to do.
With all due respect, I don't think the letter of the law will be budged much simply because of the OP's physical limitations due to her pregnancy. As much as it's of paramount importance to the OP, court rulings are based on the law and not on sympathy. The question of the locks is one thing and notice to show the house is another but the bottom line is that the OP's lease has expired and it's a month to month rental agreement which can be ended with a month's notice by either party. If moving is "impossible", the law doesn't really care and doesn't make exceptions. That's the harsh reality. I hope the OP can work things out amicably with the LL.
That's my thoughts as well. And having the landlord deciding to give them 30 days notice is, to me, far more stressful than deciding for themselves and arranging for help. Or what they are dealing with now.
And the owner of this house will most assuredly give that notice if you hinder him/her from selling this house. And blocking showings and putting up locks and barriers is a real quick way to get him to issue that notice.
I, too, hope you work this out - but unless the LL agrees to take the house off the market, it will end up with you getting a 30 day notice. You're right - he'll have no rental income. But he'll get the house sold MUCH MORE QUICKLY and will not have the mortgage payment either. And that's what is important to him. I know it's hard to see it this way, but really, you're costing him money.
That's my thoughts as well. And having the landlord deciding to give them 30 days notice is, to me, far more stressful than deciding for themselves and arranging for help. Or what they are dealing with now.
And the owner of this house will most assuredly give that notice if you hinder him/her from selling this house. And blocking showings and putting up locks and barriers is a real quick way to get him to issue that notice.
I, too, hope you work this out - but unless the LL agrees to take the house off the market, it will end up with you getting a 30 day notice. You're right - he'll have no rental income. But he'll get the house sold MUCH MORE QUICKLY and will not have the mortgage payment either. And that's what is important to him. I know it's hard to see it this way, but really, you're costing him money.
Look, if we were somehow being totally unreasonable and making it impossible for them to show, then I could see your point. But that's not what we are doing. We are asking them to comply with the law. The only thing we are trying to prevent is unlawful entrance into the premises. And just letting themselves in unannounced would most certainly be. Not to mention, it's completely unprofessional conduct for a real estate agent to blatently ignore the showing instructions. As I mentioned, we are perfectly willing to let them show the place if they let us know ahead of time. It is to their advantage to do so, because it will be certain to be in show condition when they do arrive. My husband can throw his laundry in the washer, and unload/load the dishwasher, etc. in the morning before he leaves.
Our rent is about 300/month more than our landlord's mortgage (our base rent is 1500). We also pay him and additional 200/month to take care of the yard. The house is on the market for 195,000 dollars. He told us that he will be struggling to come up with the money to sell the house for what it is currently priced at (even though it is now overpriced). So our presence allows him time to save up, and also gain more equity in the house. I am no real estate agent so I surely don't understand all the subtleties, nor am I a financial whiz, but....I fail to see how our current arrangement is costing him money?
Because the longer it sits on the market, the longer he pays the mortgage and the lower his price will get.
Because if he lets you stay until after your babies are born (which will make showing his house even more complicated for you), he will miss the selling season, probably. Most areas have higher real estate transactions in Spring and Summer. Followed by fall. November, December, January are dead. In cold climates, include February, too.
So, he sells it within the next few months or he's likely to be stuck with it until NEXT spring. And without a tenant, since your new house will be completed. And you will have taken out the furniture. Financially speaking, he's better off giving you 30 days notice. I suspect he does not want to do that, given your circumstances, and certainly he wants the rental income if it does not interfere with selling his house.
Complying with the law isn't really relevant since you don't have a lease. Asking for 24 hours notice IS unreasonable in certain markets (like where I am). A couple of hours notice is about all you can ask for if you really want the house sold. A polite realtor will give 8 hours notice, but that's up to them.
I don't understand this comment: "He told us that he will be struggling to come up with the money to sell the house for what it is currently priced at" What money does he have to come up with to sell the house? If it's underwater, then maybe he has to come up with money - but that makes it even more crucial that he get the place sold quickly. And a couple of months more equity isn't going to radically change his numbers. He's likely paying mostly interest anyway.
I am truly sorry you are going through this, but to me, peace and comfort means that I am in control of my life. This situation leaves you no control over anything and that is terribly stressful, and I suspect a bit frightening given the circumstances. THAT is the very last thing you need.
Heck, I'd probably put all my stuff in storage and move to a decent extended stay hotel suite until the new house is ready. Take advantage of the maid service, no new telephone or cable or wi-fi hassles to deal with, kitchenette included.
if he lets you stay until after your babies are born (which will make showing his house even more complicated for you), he will miss the selling season, probably ...
Asking for 24 hours notice IS unreasonable
FYI...the babies will most likely be born in 4 weeks. It will still be spring. At that point the OP will no longer be on bed rest.
"Reasonable Notice" is defined per state laws for when landlords are required to give notice when a rented property is to be viewed. It is 24 hrs in most states but some states it differs.
This is the "reasonable" notice time period that is being mentioned in this thread. Nothing to do with the totally separate issues of what someone selling a home thinks is reasonable notice. Heck, someone that really wants to sell is ok with no notice in many cases. Regardless, "reasonable notice" is what landlords are required to give.
Now is the optimal time to market... Spring is when most homes show well and lining up a move for summer often starts in May...
I had a device with a rubber pad on one end and a yoke on the other that goes underneath the inside door handle... works like a charm and you have not altered anything.
The note on the door is good... lets everyone know the situation.
The 24 hour notice is up to you... a few times one of the agents would call and say they are in the neighborhood and wanted to see my place... I didn't have a problem with it.
The owner agreed to a rent concession for each month the unit was being shown... not marketed... actual people coming in and taking a look. They didn't have to do that so I was pleased.
In reality... many rentals change hands and the occupants are none the wiser till they get a letter in the mail with the new address to send the rent.
In your case... I think I would put in my notice since it is causing duress... at least by going to an extended stay or renting a trailer on site of your new home you will be back in charge...
Boy or Girl?
Last edited by Ultrarunner; 04-22-2012 at 07:53 PM..
Because the longer it sits on the market, the longer he pays the mortgage and the lower his price will get.
Because if he lets you stay until after your babies are born (which will make showing his house even more complicated for you), he will miss the selling season, probably. Most areas have higher real estate transactions in Spring and Summer. Followed by fall. November, December, January are dead. In cold climates, include February, too.
So, he sells it within the next few months or he's likely to be stuck with it until NEXT spring. And without a tenant, since your new house will be completed. And you will have taken out the furniture. Financially speaking, he's better off giving you 30 days notice. I suspect he does not want to do that, given your circumstances, and certainly he wants the rental income if it does not interfere with selling his house.
Complying with the law isn't really relevant since you don't have a lease. Asking for 24 hours notice IS unreasonable in certain markets (like where I am). A couple of hours notice is about all you can ask for if you really want the house sold. A polite realtor will give 8 hours notice, but that's up to them.
I don't understand this comment: "He told us that he will be struggling to come up with the money to sell the house for what it is currently priced at" What money does he have to come up with to sell the house? If it's underwater, then maybe he has to come up with money - but that makes it even more crucial that he get the place sold quickly. And a couple of months more equity isn't going to radically change his numbers. He's likely paying mostly interest anyway.
I am truly sorry you are going through this, but to me, peace and comfort means that I am in control of my life. This situation leaves you no control over anything and that is terribly stressful, and I suspect a bit frightening given the circumstances. THAT is the very last thing you need.
Heck, I'd probably put all my stuff in storage and move to a decent extended stay hotel suite until the new house is ready. Take advantage of the maid service, no new telephone or cable or wi-fi hassles to deal with, kitchenette included.
Ok, I think I understand what you are saying. You are probably right, it most likely has more to do with the selling season than anything else. I am not sure I am in complete agreement that the house would be way more likely to sell if vacant (unless I guess maybe if he staged it? But doesn't that cost a fair amount of money to do?) because we have a lot of really nice, expensive furniture and artwork that complements the decor of the house. However, with regards to the convenience of showing, yes, I agree that allowing people in and out whenever would make it easier to sell. But, since he (and his listing agent) specifically told us that we would be given 24 hours' notice, and that it would be put in the showing instructions, there isn't any reason why he should suddenly decide that this is unreasonable of us. Regarding whether the law applies to a month to month agreement, I spoke with my father (the lawyer, and he is pretty familiar with NE landlord tenant statutes) who said the law absolutely applies to any residential tenant situation, lease or not. With that said, after reading it more carefully, although the law does allow us to break our lease (which is arbitrary since it's month to month) if the law is not followed, or possibly sue for damages (which would probably be of minimal benefit, plus not really worth the hassle), it doesn't really have anything to do with whether he decides to give us notice. So yes...if we push back too much or are rude about it, he could very well do that. But I am going to hold my ground about getting at least some notice, as that is what is considered standard by the law and our landlord agreed to it for heaven's sake. If they give us 8 hours, well, that's probably OK, too. Maybe even 3 or 4 if we are both home, and can make the place look like it's in show condition. But 20 minutes...or just walking on in without any notice? Nope. If that gets us booted, so be it.
He owes more on the mortgage than what the property is worth. I don't know if that is the definition of underwater, but that is the reason he will have to come to the table with money...to make up the difference between what the place sells for and what he owes.
The last thing we want to do is be in an extended stay hotel with two newborns and very few of our belongings. That is why we are not going to give notice now. We are prepared for the possibility of being served notice in the next couple of months, but financially I think we would be better off waiting it out in the chance that it doesn't happen. Our last move cost over 2000 dollars. We are going to hang tight for now, and pray that he doesn't sell it right away. We will try to comply with as many of the requests as we can, so that we don't find ourselves in more of a bind than we are already in.
If he doesn't sell it until the end of June or July, we should be ok because we can ask our builder to hurry up (might speed it up a little at least) plus usually there are a couple months of negotiation and paperwork before a home sale is closed.
And that is the most important and best post in this entire thread.
May you, your husband and babies be blessed with good health, happiness, and a future of joy.
Last edited by BstYet2Be; 04-23-2012 at 07:34 AM..
Reason: corrected quoted text
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