• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Issues with realtor trying to sell property for owner, Im a rentor of the property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

scraig2273

Junior Member
What is the name of your state (only U.S. law)? Tennessee
I am a rentor of a property. I rent from a realtor who works with the owner. My lease will soon be up, within a couple months, but for the past few months the realtor has been showing the property weekly, they continue to leave my utilities running and even leave my large ground length window open, which makes my condo open to anyone walking on the street, I have complained numerous times and even been given a small amount of cash off my rent for the previous month however they have done it again just this week and also had people come to my condo unannounced this morning for a scheduled showing and never informed me. My question is, could I request to be let out of this lease due to their unprofessionalism, neglect and risk of my safety?
 


justalayman

Senior Member
you can ask for anything you want. They are not required to release you and a court is not likely to release you from your lease though.

so, what does your lease say to allowing entry by the landlord or his agents?

Here is the pertinent section of the law regarding the issue:
66‑28‑403. Access by landlord.

(a) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.

(b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. "Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

(c) The landlord shall not abuse the right of access or use it to harass the tenant.

(d) The landlord has no right of access except:

(1) By court order;

(2) As permitted by §§66-28-506 and 66-28-507(b);

(3) If the tenant has abandoned or surrendered the premises; or

(4) If the tenant is deceased, incapacitated or incarcerated.
the sections noted refer to a failure of the tenant to maintain the premises and if the tenant is absent from the unit for more than 7 days without notice.

So, barring the inclusion of permission within the lease, you can simply tell the landlord to stay out of your apartment. If he wants in, he can go to court and get a court order. Given the problems, I would suspect if you limited entry to when you are present and with at least a 24 hour notice, it would not be considered unreasonable.

Be sure you document anything amiss when there is a showing.
 
Last edited:

Searchertwin

Senior Member
Be sure you document anything amiss when there is a showing.
You should never tell someone to document something if they can't prove they have it in the beginning. This only causes trouble for the tenant because the burden of proof is on his hands. And the LL will them that is what renters insurance is for. Which I doubt this poster has.
 

justalayman

Senior Member
You should never tell someone to document something if they can't prove they have it in the beginning. This only causes trouble for the tenant because the burden of proof is on his hands. And the LL will them that is what renters insurance is for. Which I doubt this poster has.
the open window, the utilities left running (whatever that means)

that is what I was referring to as to documenting everything and yes, they should document it every time it happens.
 

Searchertwin

Senior Member
the open window, the utilities left running (whatever that means)

that is what I was referring to as to documenting everything and yes, they should document it every time it happens.
How can he document it if he could have been the one that left things on and open?
Even if he took pictures when he left and came home, who is to say that he didn't do before taking the final pictures.

Burden of proof is on him. I believe that he is just finding an excuse to terminate his lease. And the things mention is so commonly used by renters when realtors are involved, that he just wants to use these as an excuse. He stated, "I request to be let out of this lease due to their unprofessionalism, neglect and risk of my safety?"
So can he use this to get out of the lease? No
Can he document this things? Yes, he can till he turns blue
Will it help? Of course, not
 

justalayman

Senior Member
Why? Because I am right? You don't see him defending himself.
no, because you are making this something that neither I nor the OP (from what I see posted) see this to be.

If somebody enters the guys dwelling and leaves doors open, he needs to document it. If they leave the windows open, he needs to document it. If they throw stuff all around in the apartment, he needs to document it.

why? because the agent should not leave the residence in that condition.

He should make a written complaint to the landlord, the agent, the agents broker, the state licensing agency, and if a Realtor, the state board of Realtors.

Will it allow him to escape his lease? Very unlikely unless there is a much more egregious action that that posted here. It may allow the OP to show that the agents consistent acts more than likely allowed the apartment to be burglarized, should it happen the day the agent shows the unit though.

It would also be usable as a defense to a claim of liability for damages or excessive costs due to the utilities being left on if leaving the utilities on caused damage or excessive charges.


very simply put, it's called: cover your ass
 

Searchertwin

Senior Member
no, because you are making this something that neither I nor the OP (from what I see posted) see this to be.

If somebody enters the guys dwelling and leaves doors open, he needs to document it. If they leave the windows open, he needs to document it. If they throw stuff all around in the apartment, he needs to document it.
What makes you think he is not doing it, like I said. He wants out, he stated, "could I request to be let out of this lease due to their unprofessionalism, neglect and risk of my safety."
Renters ALWAYS use this excuse hoping to get out lease.

Again I will repeat, " I am right? You don't see him defending himself."
Which as of this date, he hasn't.

As always you want the last word going overboard in your reasoning. Anyways, watch and see that this post will be locked, like you always manage to do when you have to have the last word. Take care
 

justalayman

Senior Member
What makes you think he is not doing it, like I said. He wants out, he stated, "could I request to be let out of this lease due to their unprofessionalism, neglect and risk of my safety."
Renters ALWAYS use this excuse hoping to get out lease.

Again I will repeat, " I am right? You don't see him defending himself."
Which as of this date, he hasn't.

As always you want the last word going overboard in your reasoning. Anyways, watch and see that this post will be locked, like you always manage to do when you have to have the last word. Take care
word!!!!!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top