Landlord selling property during COVID — photography, tours, expenses?

[izzi3]

This is California, Los Angeles County.

I had a lease agreement for a year and after it passed we agreed to prolong on a month-to-month basis.
All been good but I suddenly receive a 60-day notice from the landlord that says that she has decided to sell the property. I've communicated that I am not willing to be visited by random people but the landlord pointed to the agreement that says she is allowed to enter with a 24-hour notice. She has already sent us a real estate agent who asked me to dedicate 4 days (3 hours a day) to showings. We agreed on 3 days, and tomorrow they are bringing a photographer.

1. I don't like the idea that pictures will be taken with my personal belongings.
2. I don't like the risks of exposure during the COVID (I have kids).
3. I don't like the moving expenses that will occur + it's almost impossible to find a place of same quality for the same money, so it's higher rent for me.

Can I do anything about all of those problems?
Any advice is very appreciated. Thank you.

 

[zddoodah]

Can I do anything about all of those problems?

A landlord's right of entry is codified in section 1954 of the California Civil Code. Read it.

As far as pictures of your personal belongings, what exactly is the issue? Is there something particularly sensitive about your blender or your couch? If there are things for which you have a legitimate concern, make sure they're out of sight.

COVID risk? Make sure everyone is masked and gloved. I'm not sure why you mentioned that you have kids. Otherwise healthy kids are pretty much the lowest risk group.

Moving expenses? "Move" is definitely a four-letter word, but it's a reality of life when you're a renter. Nothing you can do about that (neither the State of California nor the County of Los Angeles have any moratorium in place except for COVID-related evictions).

 

[izzi3]

A landlord's right of entry is codified in section 1954 of the California Civil Code. Read it.

Thank you for your answers. Having small kids is just an additional problem since I have to control their social distancing.

COVID itself is a factor I am referring to as I heard that people can't be evicted even if they don't pay during these times. And I just want to not have additional exposure after keeping my family contacts close to 0 for half a year. With all the stay at home orders, I now need to accept visits.. kind of ridiculous.

Belongings — every site on the web now asks if they can save a cookie and I need to be ok with all my stuff being on the internet in all those listed on 20 websites? So that anyone who google my address can see where and how I live. I am not paranoid but this doesn't seem right to me.

Expenses— yeah, that's something out of control for a tenant.

 

[Zigner]

Thank you for your answers. Having small kids is just an additional problem since I have to control their social distancing.

COVID itself is a factor I am referring to as I heard that people can't be evicted even if they don't pay during these times. And I just want to not have additional exposure after keeping my family contacts close to 0 for half a year. With all the stay at home orders, I now need to accept visits.. kind of ridiculous.

Belongings — every site on the web now asks if they can save a cookie and I need to be ok with all my stuff being on the internet in all those listed on 20 websites? So that anyone who google my address can see where and how I live. I am not paranoid but this doesn't seem right to me.

Expenses— yeah, that's something out of control for a tenant.

Throw a tarp over the things you don't want folks to see.
Really though...nobody cares how you "live".

 

[izzi3]

A landlord's right of entry is codified in section 1954 of the California Civil Code. Read it.

Ok, so it says 120-day notice should be given in case of selling property. I assume it has more power than what we have in the lease agreement (below)?

 

[izzi3]

Throw a tarp over the things you don't want folks to see.
Really though...nobody cares how you "live".

Unless you want to rob someone

 

[Zigner]

Ok, so it says 120-day notice should be given in case of selling property. I assume it has more power than what we have in the lease agreement (below)?

The law doesn't say what you think it says. What it says is that written notice is required unless that LL gave you 120 days written notice, then verbal notice will suffice (basically).
Also, if you AGREE to it, then the notice requirements don't matter...and you've already agreed to the three days.

At best, you can force the LL to start giving you written 24-hour notice. That won't keep him from showing the unit.



(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above.

 

[Zigner]

Unless you want to rob someone

You've got renter's insurance, so no problem, right?

 

[izzi3]

The law doesn't say what you think it says. What it says is that written notice is required unless that LL gave you 120 days written notice, then verbal notice will suffice (basically).

I know you already tried but I still have trouble understanding this. So they had to give me a 120-notice and after it, they could just give notice orally, by phone, etc? Otherwise, they need to give me a written notice every time they visit but it can be 24-hours?

 

[Zigner]

I know you already tried but I still have trouble understanding this. So they had to give me a 120-notice and after it, they could just give notice orally, by phone, etc? Otherwise, they need to give me a written notice every time they visit but it can be 24-hours?

They didn't HAVE to give you 120 day written notice, but if they HAD given you 120 day written notice, then they could just give you 24 hr verbal notice. Since they didn't, the notice they give now needs to be 24 hours (minimum), but needs to be written. As I mentioned, you already agreed to the three visits, so the notice requirement is irrelevant insofar as those visits are concerned.

 

[zddoodah]

COVID itself is a factor I am referring to as I heard that people can't be evicted even if they don't pay during these times.

There is a moratorium at the state level and one in LA County that restricts a landlord's ability to evict a tenant for failing to pay rent IF the failure is COVID-related. There are other restrictions. However, these moratoriums do not apply if the eviction is for something that is not COVID-related.

Ok, so it says 120-day notice should be given in case of selling property.

I'm not sure what "it" refers to in this sentence. Civil Code section 1954 doesn't say that. The reference to 120 days in section 1954(d)(2) simply means that, if the landlord has given the tenant written notice within the past 120 days, notice regarding particular entries can be given orally, including by phone.

I still have trouble understanding this. So they had to give me a 120-notice and after it, they could just give notice orally, by phone, etc? Otherwise, they need to give me a written notice every time they visit but it can be 24-hours?

Sub-section 1954(a) lists the reasons for which a landlord may access a leased dwelling unit. In your situation, sub-section (a)(2) applies.

Subsection (b) says that, except for situations not applicable to you, entry must be made during normal business hours unless the tenant consents otherwise.

Sub-section (c) prohibits the landlord from abusing the right of access to harass a tenant. Not apparently applicable here.

Sub-section (d)(1) says that, except as provided in sub-sections (e) or (d)(2) or (d)(3), the landlord must given "reasonable notice in writing." Such notice may be delivered in any number of ways. Twenty-four hours is presumed to be reasonable in the absence of evidence to the contrary.

Sub-section (d)(2) says what I explained above. Stated differently, once a landlord has given written notice of that the property is for sale and that the landlord may request entry for the purposes stated in sub-section (a)(2), notifications for the next 120 days don't need to be in writing and can be made verbally.

Sub-sections (d)(3) and (e) seem pretty self-explanatory and/or not applicable to your situation.

 

[izzi3]

Civil Code section 1954

Looks like neither of these gives me any lever, but thanks for taking the time to explain

 

[AlmostThere]

Please keep in mind that selling the property does not necessarily mean that you will need to move. Rental properties are sometimes sold with the tenants in place. It costs a lot less for a new landlord to keep the current tenants than to freshen up the property to be rented again after existing tenants leave.

Do you know if your landlord is trying to sell the property as an income property? While a new owner can decide to live in a property that was advertised as an income property, it is less likely than if it is advertised as single-family home. It might be worth taking a look at your local real estate listings.

 

[Zigner]

I'm not sure what "it" refers to in this sentence. Civil Code section 1954 doesn't say that. The reference to 120 days in section 1954(d)(2) simply means that, if the landlord has given the tenant written notice within the past 120 days, notice regarding particular entries can be given orally, including by phone.

This explanation provides an important difference and correction to what I said earlier. Thanks.

 

[izzi3]

Please keep in mind that selling the property does not necessarily mean that you will need to move. Rental properties are sometimes rented with the tenants in place. It costs a lot less for a new landlord to keep the current tenants than to freshen up the property to be rented again after existing tenants leave.

Good point, thought about it too. But given a price for it it will be 50/50 chance. Could be both for income or for living and I am sure they are not limiting target buyers by saying it's an "income property" with tenants present.
I also know that if a newer owner will rent it out, they would definitely go for a price increase.