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My lease expired in March and we have been going month to month while we looked to buy a home. We purchased a home and have given the required 45 day notice (yes, 45 days, I have no idea why). I gave my notice on a Thursday and on the next day I was contacted by a real estate agent working for the management company who wants to come out and put a lockbox on my house. If I refuse to allow this, the fee is equal to one months rent $1,425)! I don't like lockboxes because anyone can enter at anytime and I have been lectured more than once that my presence is NOT required to show the house.
I am very stressed anyway about this move because when we moved out of the last rental, I had calls at all times of the day and night wanting showings at 8 or 9 pm at night, I had people allowing their children to run free in my home and touch things (resulting in many broken items), a grown woman broke one of my lamps, and everyone thinks they are the cat whisperer and wants to pick up my cat who hates everyone and WILL bite and scratch. I've had clients show up before their realtors and knock on the door and expect me to give them a tour. One realtor even walked into the house without knocking first, catching my boyfriend soaking wet in nothing but a towel because he thought someone was breaking in. She didn't even apologize, all she said was "well I didn't think anyone was home (he parked in the back). I have been appalled at the manners most clients have and more appalled by the manners the realtors have and I do not like having my belongings handled or my pets terrorized.
Most of all I work from home, and every showing is an interruption of my work, and right now I am very busy trying to wrap things up to go on medical leave for major surgery as soon as the move is completed. So yeah, on top of everything else, I feel crappy too.
Earlier this summer we thought we had a house and had reached the point where we had a closing date and everything so we went ahead and gave notice. At that time, based on the above information about my previous experiences, which I relayed to the management company, they said they would give us 15 days to get moved out before they showed the house, so in essence would wait until the last 30 days of my notice before showing the house. Well long story short, some material disclosures about the house we almost bought that should have been made were not made which were caught during the inspection (literally a couple of days after we gave notice), and so we backed out of the deal, and we rescinded our move-out notice.
So this time around we waited until we actually closed before giving notice so that nothing would go wrong; and since last time they said they wouldn't show the house until the last 30 days, my brilliant plan was to move out in the first 15 days like they agreed to before, give it a good cleaning and shampooing because the carpet is hideously stained, and then turn the place over to the landlord so they could have free reign and show it whenever they want (incidentally, this deal also included us paying our rent for the full 45 days, not just until we moved out-we were not trying to skip out on any money due to the landlord). However, this time they won't agree to this arrangement, saying that the traffic is slower this time of year and is harder to find tenants, and I was informed in no uncertain terms that they plan to start showing the place immediately. I told them the house was in no condition to be shown between the bad carpet, my bad health (haven't been quite up to my usual standard of keeping house because I sleep a lot right now), and boxes everywhere. Already this is off to a bad start because the realtor who was to be here at 9 this morning to put the lockbox on has stood me up, and I have waited all day for her. I have a lot of errands to run and I don't want her just letting herself in to do an "evaluation" of the place without me being here, especially with my psycho cat running loose.
So I guess my question is this: Since they agreed to not show the house until the last 30 days the last time, can we hold them to the same agreement this time? If not, since I clearly have no say so in WHEN they start showing the house, can I specifically require that a resident must be present when they show the house? Can I require 24 hours notice? Can I require that showings only occur during reasonable hours (i.e., 8-6 M-F and 9-6 on weekends?) Can I hold the landlord liable for damages if any of my belongings are broken? Do I have any rights at all?
In the event that I'm totally screwed on this whole deal, my plan B is to simply leave my boxes everywhere and everyone can just walk around them. And I frequently work in my pajamas, especially lately since I've been sick. Oh, and the reason the carpet looks so bad in the hallway is because the hall has flooded twice in the last year, once due to faulty plumbing and again a month ago because the air conditioning unit backed up (for the fourth time in three months) and flooded half of the house; the landlord refused to replace the carpet even though it looks and smells awful, wouldn't even pay to have it cleaned, and I'm okay with sharing that. I am SO glad my renting days are almost over!
1. Since they agreed to not show the house until the last 30 days the last time, can we hold them to the same agreement this time?
2. If not, since I clearly have no say so in WHEN they start showing the house, can I specifically require that a resident must be present when they show the house?
3. Can I require 24 hours notice?
4. Can I require that showings only occur during reasonable hours (i.e., 8-6 M-F and 9-6 on weekends?)
5. Can I hold the landlord liable for damages if any of my belongings are broken? Do I have any rights at all?
1. No. That was then, this is now and they've told you why it won't work.
2. You can certainly ask but whether or not they have to legally agree is another matter. There will always be an agent with any prospective applicants. In most states you have the right to be there but that's rather different to your demanding to be present.
3. Yes, in most states. Check Texas landlord tenant laws (linked in the first "sticky on this forum).
4. Yes. Many state laws actually mandate acceptable hours for these sorts of showings and Texas may be one of them so, again, check.
5. This is something for which you should carry renter's insurance.
Since you have already closed on the house - congratulations! - move your valuables out first and keep a cat carrier handy - to protect your cat. I'd also find a way to lock the doors in such a way that the key outside will not work - there are bars that people use in hotels that prevent unauthorized entry.
I sympathize with you completely. Your landlord is not being considerate and the realtor not showing after making an appt - and not calling - is rude. I would not be accommodating her schedule again. Next time tell her that she needs to be there at the appointed time or she will not be able to gain entry. And let your landlord know that you expect him to follow the law with respect to appointments - including notice and times.
Protect your cat, psycho or sane, from someone injuring the cat or letting it out (either deliberately or accidentally) and put your cat in a carrier whenever you leave.
Why wouldn't your landlord agree to letting you move and clean before showing the house? Sounds like he doesn't plan on doing any maintenance or repairs before the next renter moves in. Not to mention an absolute disregard for the inconvenience and turmoil these showings are causing.
I would not clean other than what you would normally do while living there, I would leave boxes wherever they happen to be and I would be present at each and every showing. I would not allow any showings at 8 or 9 at night - that is just ridiculous. Before I left I would give the place a final cleaning so he doesn't have any excuse to steal your security deposit. Your landlord isn't willing to compromise and so doesn't deserve any special consideration on your part.
Why wouldn't your landlord agree to letting you move and clean before showing the house?
Being stubborn, shortsighted, foolish and probably broke too.
At best... he has no margin in his budget for turnover time/vacancy.
It all comes up a lot.
Quote:
I would not clean other than what you would normally do while living there...
leave boxes wherever they happen to be and I would be present at each and every showing.
I agree entirely.
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