Selling with Renters- Renter Rights (North Carolina) (renew, house, legal)
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request the 24 hr notice. realize that the realtors will request this in MLS. You might get some realtors that read it and try to make an earlier appt anyway. You will get some calls about this but you are legally allowed to say NO if proper notice isn't given (24 hrs).
You wont get any compensation(rent reduction). This is not how it works. You are stuck. the only recourse you have is the 24 hr notic. Make sure you understand NC rules on notice. A few states have times (no showings before 8am, or after a certain time). But you must know your state's rules on the matter.
Realize that most lookers come during the day. Not that many during evening. Popular times to show are often weekends after 10am and before 5pm. But this varies by area.
You could try to ask the landlord if they can limit showings to before 6pm. Maybe they will comply. Aks for 7pm and it is more likely they comply. Most showings wont be this late anyway...maybe you get zero this late. People look at homes mid day in most cases.
I was in your place (renting a home just before buying a home). It was awful. I feel for you. Make sure you hide valuables. When my rental was shown I went to a neighbors home to wait. I saw the realtor sit in her car in the driveway while her buyers were in my home alone for over 10 minutes.
"Make sure you hide valuables."
Yes! Applicable to both owners or tenants when the home is on the market. Medications, too.
You don't get to "agree" to allow the landlord to sell the house. He has a legal right to sell the house. 24 hour notice is pretty standard and real estate agents should comply with that.
What normally happens is that the landlord makes an effort to cause as little inconvenience to the tenant as possible. That means that you can politely request no showings during nap time. In exchange, you can politely keep the house tidied up when there is a viewing scheduled. You say the landlord has been reasonable, so talk to the landlord and try to work something out that will suit both of you.
I suspect that you won't actually suffer through very many showings. If the house is over-priced, there might not be any showings. If the house is priced to sell fast, you will get a lot of showings the first few days and then it will be sold and over with.
You did not ask, but the lease goes with the house and as long as you have a written lease the buyer must honor it. That means that even if the house sells, you can stay until the end of the lease.
Also along those lines if they broker or owner asks you to sign a paper making them immune from liability for stolen items(make sure it's not in your lease), you should refuse. There is no benefit for you to do this.
You don't get to "agree" to allow the landlord to sell the house. He has a legal right to sell the house. 24 hour notice is pretty standard and real estate agents should comply with that.
What normally happens is that the landlord makes an effort to cause as little inconvenience to the tenant as possible. That means that you can politely request no showings during nap time. In exchange, you can politely keep the house tidied up when there is a viewing scheduled. You say the landlord has been reasonable, so talk to the landlord and try to work something out that will suit both of you.
I suspect that you won't actually suffer through very many showings. If the house is over-priced, there might not be any showings. If the house is priced to sell fast, you will get a lot of showings the first few days and then it will be sold and over with.
You did not ask, but the lease goes with the house and as long as you have a written lease the buyer must honor it. That means that even if the house sells, you can stay until the end of the lease.
For clarification: The OP said, "...for the final 3 months of our lease. It ends March 30, 2012 and they are putting the house on the market in January."
It should all work out well, landlord is not putting the home on the market until January, and the OP can move out end of March. There is a good chance that the new owner won't even close by end of March 2013. (The 2012 date must be an error).
Some residents just take the little ones for a drive in the car during a showing; then down for a nap afterwards.
I know this is an old thread, but we are in a similar situation except for that our lease does not mention anything about selling the property, our landlord only talked about the possibility of doing so. Does this still mean that he is able to do so? Also, our lease requires a 90 day notice before it terminates so our lease ends on 6/30/15 but he wants to put it on the market 2/16/15 which is 1.5 months earlier than the contract states. What are the options here if any?
I know this is an old thread, but we are in a similar situation except for that our lease does not mention anything about selling the property, our landlord only talked about the possibility of doing so. Does this still mean that he is able to do so? Also, our lease requires a 90 day notice before it terminates so our lease ends on 6/30/15 but he wants to put it on the market 2/16/15 which is 1.5 months earlier than the contract states. What are the options here if any?
It's not generally mentioned in the lease. If you want to sign up for another year let your landlord know in accordance with the lease. If he feels he'll have a quick sale he may decline, in which case your lease will end on 6/30/15. If you sign a new lease and the place is sold, the new owner has to honor your lease. If during the course of your new lease a new owner wants you to leave, they can try and negotiate a "cash for keys" deal with you where they pay you x number of dollars to leave before the end date of your lease.
We don't want to sign up for another year because he wants to keep it on the market the entire time and we are not living through that hell more than we have to. The problem is that they have tried selling in the past and couldn't because the property needs substantial work done to it but they are in denial and refuse to put any $$ into it. That's actually how we came across renting it-they pulled it off the market after trying to sell it and couldn't. We originally signed a 2yr lease which ends on 6/30/15 and the lease states a 90 day notice is to be given by either party so I guess this was his 90 day notice although 1.5 months sooner. Our concern is the constant disruption as well as health and safety as we are also expecting a baby in March.
We don't want to sign up for another year because he wants to keep it on the market the entire time and we are not living through that hell more than we have to. The problem is that they have tried selling in the past and couldn't because the property needs substantial work done to it but they are in denial and refuse to put any $$ into it. That's actually how we came across renting it-they pulled it off the market after trying to sell it and couldn't. We originally signed a 2yr lease which ends on 6/30/15 and the lease states a 90 day notice is to be given by either party so I guess this was his 90 day notice although 1.5 months sooner. Our concern is the constant disruption as well as health and safety as we are also expecting a baby in March.
Then I'm not sure what your problem is. Your lease ends 6/30/15 so 90 days or more in advance of that, let him know that you won't be renewing the current lease and will be leaving by 6/30/15. You can't assume that just because he said he's putting the house up for sale in February that that's your 90 day notice of his intent ...
What do you mean by "constant disruption" and "health and safety issues"? He has to give you notice of showings in accordance with state law (usually 24 hours but you can check your state specific laws - linked in the first "sticky" on this forum). If there have been ongoing health and safety issues since you started leasing the property then one would assume you would have addressed them.
If you want to break your lease before 6/30 then execute an early termination clause if there's one in your lease. If there's not, work something out with your LL and come to a compromise. Lease break fees usually amount to around two months rent. Since he's planning on selling the house he may let you leave without penalty, thus making it easier to show.
The "problem" is putting the house on the market in the first place. That's what my original question was all about. There is nothing in our lease that talks about doing so unlike what others have mentioned in their situations so I wanted to get feedback on whether or not that was allowed because obviously along with that will come high foot traffic due to the low price point yet garbage house. Even with a 24 hr notice (which is not written law in NC) would you want your house open to constant foot traffic with a newborn? I would assume most people would not. There is a reason people don't take newborns out for the first weeks/months so why on earth would I be OK with complete strangers walking in/out of our house every 24 hrs? Not to mention the sleep deprivation, it is cold and flu season, and planning on leaving for every showing is no better than staying because either way our newborn baby will be exposed to elements which would not normally be an issue. I'm also concerned about the showing windows and being too early/late so regardless of planning, this is a constant interruption we will be faced with for over 4 months. We are planning to talk to the landlord about an early lease termination because at this point it would almost be worth it to avoid all this crap.
The "problem" is putting the house on the market in the first place. That's what my original question was all about. There is nothing in our lease that talks about doing so unlike what others have mentioned in their situations so I wanted to get feedback on whether or not that was allowed because obviously along with that will come high foot traffic due to the low price point yet garbage house. Even with a 24 hr notice (which is not written law in NC) would you want your house open to constant foot traffic with a newborn? I would assume most people would not. There is a reason people don't take newborns out for the first weeks/months so why on earth would I be OK with complete strangers walking in/out of our house every 24 hrs? Not to mention the sleep deprivation, it is cold and flu season, and planning on leaving for every showing is no better than staying because either way our newborn baby will be exposed to elements which would not normally be an issue. I'm also concerned about the showing windows and being too early/late so regardless of planning, this is a constant interruption we will be faced with for over 4 months. We are planning to talk to the landlord about an early lease termination because at this point it would almost be worth it to avoid all this crap.
I've rarely seen a clause in any residential lease which addresses the situation of the property being sold as common law prevails and a lease is transferred to the new owner who's mandated to honor it. Sorry, but the fact that you're expecting a baby is totally irrelevant to the contract.
I suggested your options so talk to your landlord and see what you can work out.
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