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Landlord withheld info that unit was for sale before we signed lease

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deadringer303

Junior Member
We live in Denver, Colorado. We have rented a unit form a woman who has been a headache from the beginning. We found out that the unit has been for sale on the market AFTER we signed the lease and moved in. The only reason we found out is because we had 4 different realtors walk right into our home and begin showing the unit to potential buyers. All without notice. We talked to the landlord and she emaild me saying that she would take the unit off the market and we would not have to worry about sale or showings during the remainder of our lease. There was a showings clause in the lease but we would not have signed it and moved in had we known it was already for sale. Now it is back on the market and she wants us to show it 3 times a week. We told her we had a right to know it was for sale originally, we have a right to privacy and a right to quiet enjoyment. We have asked her to initiate the 60 day tenant vacate clause in our lease as we would rather move than be subjected to this. We feel she should have been upfront with us in the beginning so she could either A) have an empty unit or B) ahve tenants who would be ok with this situation. We have kids and another one on the way and it has been very stressful. SHe didnt even sign the lease unitl 2 months after we signed and moved in. We couldnt get in touch with her and she was having her realtor friend communicate with us. Then she tells me he is not her legal representation. Any ideas on where we stand? We want out of this situation or we want no showings during the remainder of our lease. Thank you.
 


justalayman

Senior Member
Not intending on being rude but honestly, it is none of your business whether the property was for sale or not. Your lease continues unless there is some clause in it saying it terminates upon a sale of the property but given that is such a minority of leases out there, it generally is not an issue.

If it was that big of an issue for you, you should have asked.
 
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FarmerJ

Senior Member
Any realtor who just shows up when you are home ask them politely for a business card , if they do not give you one right on the spot then tell them to `you have not given any kind of reasonable notice that you were coming over, you will have to leave, if they do not then in plain sight of them even if you choose to fake it pick up a phone and dial 911 and say `I have a unwanted person here who has been told to leave and refuses to do so , would you be able to send a officer over? If they let them self in with key and your in the house feel free to block the door / block their path/ tell them a real professional realtor would have good business manners and have called first or called to set a appointment. As far as your LL wanting to show the unit three times a week well its like this, one of the potential buyers could become your Landlord , You can tell your landlords realtor there will not be any showings with out at least 12 hours notice and anyone found there with out proper notice you will report them to the police. Make it clear to the realtor they can do this better or you wont have any problem making sure this rental unit is far from neat and orderly condition , make it clear you wont leave the unit just because they want to show it.
 

Gail in Georgia

Senior Member
" We told her we had a right to know it was for sale originally,"

Care to cite the statute in your state giving you this "right"?

" we have a right to privacy and a right to quiet enjoyment."

What you have in terms of "rights" is 1. the right to adequate notice that the rental unit is going to be shown to a potential buyer and 2. the right that this showing is handled at a reasonable time of the day (i.e., not at 2 am in the morning). You do NOT have the right to demand no showings during the remainder of your lease.

Gail
 

deadringer303

Junior Member
" We told her we had a right to know it was for sale originally,"

Care to cite the statute in your state giving you this "right"?

" we have a right to privacy and a right to quiet enjoyment."

What you have in terms of "rights" is 1. the right to adequate notice that the rental unit is going to be shown to a potential buyer and 2. the right that this showing is handled at a reasonable time of the day (i.e., not at 2 am in the morning). You do NOT have the right to demand no showings during the remainder of your lease.

Gail
We dont have that right even though she said "we have taken the unit off the market, so you do not have to worry about showings or having the unit sold during your lease. Thanks for expressing your willingness to cooperate when we met. " ??? So that is ethical to lie to us? Im not a lawyer so I cant cite statutes. Thats why I am here.
 

justalayman

Senior Member
We dont have that right even though she said "we have taken the unit off the market, so you do not have to worry about showings or having the unit sold during your lease. Thanks for expressing your willingness to cooperate when we met. " ??? So that is ethical to lie to us? Im not a lawyer so I cant cite statutes. Thats why I am here.
ethical- irrelevant legal- yes.
 

deadringer303

Junior Member
ethical- irrelevant legal- yes.
We just adoped a boy whos father just went to prison for 27 years and whos sister was killed by the father. We do not want strangers in our home 3 days a week scaring him. I do not understand why it is not a requirement to tell us the unit was for sale. And who thinks to ask such a question unless they are in your line of work? We certainly would not have signed this lease had we known this was a possibility.
 

Gail in Georgia

Senior Member
" I do not understand why it is not a requirement to tell us the unit was for sale."

Because legally there is no requirement to do so.

"We do not want strangers in our home 3 days a week scaring him".

There is nothing that says you have to be present during these showings.

Gail
 

deadringer303

Junior Member
" I do not understand why it is not a requirement to tell us the unit was for sale."

Because legally there is no requirement to do so.

"We do not want strangers in our home 3 days a week scaring him".

There is nothing that says you have to be present during these showings.

Gail
I also watch two other kids as my job here in our home during the day as I am also a full time student. I am expected to just up and leave 3 times a week with 3 kids and miss out on my study time?

One other question. Our landlord has been very bad about communication. She did not even sign our lease for 2 months after we moved in. The unit was rented to us through a third party rental company. Does this by chance change the terms of the lease? before we moved in, we made changes to the lease and they were emailed to her by the third party. She didnt even respond for 1.5 months. Then signed it 2 weeks later. Just curious if this possibly could have defaulted our lease to month to month. I read that somewhere but you never know when searching online what is true or not. Thanks.
 

Zigner

Senior Member, Non-Attorney
I also watch two other kids as my job here in our home during the day as I am also a full time student. I am expected to just up and leave 3 times a week with 3 kids and miss out on my study time?

One other question. Our landlord has been very bad about communication. She did not even sign our lease for 2 months after we moved in. The unit was rented to us through a third party rental company. Does this by chance change the terms of the lease? before we moved in, we made changes to the lease and they were emailed to her by the third party. She didnt even respond for 1.5 months. Then signed it 2 weeks later. Just curious if this possibly could have defaulted our lease to month to month. I read that somewhere but you never know when searching online what is true or not. Thanks.
It's moot - the lease has since been signed. Sure, you may have been month-to-month for a while, but once the lease was signed, that ended and you now have a term-lease.
 

Gail in Georgia

Senior Member
' She did not even sign our lease for 2 months after we moved in. The unit was rented to us through a third party rental company. Does this by chance change the terms of the lease? before we moved in, we made changes to the lease and they were emailed to her by the third party. She didnt even respond for 1.5 months. Then signed it 2 weeks later. Just curious if this possibly could have defaulted our lease to month to month."

No, it does not.

Gail
 

TigerD

Senior Member
I do not. The lease only states that they cannot reside here. Its only a couple of days a week too in the daytime. Its the same as having my kids friends over which is actually true.
No, it's running a daycare. Your landlord is likely to have a problem with that.

DC
 

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