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privacy rights

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elma

Guest
Delaware

Hi,
My landlord is planning to sell the apartment. we've been living here for seven months and have a lease ending in may.
my problem is the real estate agents.
last week was like hell. they come at least 2 - 4 times a day. and it seems this will go on for a while. although the apointment center for the brokers(from multiple agencies), calls, it is more like dictating an appoinment, raher than asking whether I am available or not. I am mostly at home,working from home. and though they give a notice, it is really very annoying when someone comes and forces the door after a slight knock. i literally hardly slept the night before, dreaming someone was trying to open the door again. and i've told the center a few times that they should buzz downstairs first. some do, but still some don't. and when they come, they mostly come late. that means you can't use the bathroom for that half an hour, no privacy at all and you have to be alert. not mentioning, dozens of people seeing the most private aspects of your life, inside your closets, your bathroom, your bedroom.. very very very irritating.
i totally understand that the owner has the right to show his property to prospective buyers. have talked with him at the end, and seems we have no problems at all. but again i feel harrased by the agents. what are my rights against them?

i am obliged to permit reasonable access. but what is "reasonable"?

what can i do? and don't I have the right to refuse the visits for the weekends and evenings?

thank you in advance.
 


FarmerJ

Senior Member
Search your state govt web pages for landlord & tenant links to learn if your state has defined reasonable notice and if they have any realtor who just shows up tell them your sorry but with out a reasonable notice they will have to come back and make them leave . If your state has no definition of reasonable then consider buying one of those door blocker sticks that wedge up under door knob and other end goes on the floor . then when you are home they still cannot just knock and enter they will have to wait for you to come to door .
 

HomeGuru

Senior Member
elma said:
Delaware

Hi,
My landlord is planning to sell the apartment. we've been living here for seven months and have a lease ending in may.
my problem is the real estate agents.
last week was like hell. they come at least 2 - 4 times a day. and it seems this will go on for a while. although the apointment center for the brokers(from multiple agencies), calls, it is more like dictating an appoinment, raher than asking whether I am available or not. I am mostly at home,working from home. and though they give a notice, it is really very annoying when someone comes and forces the door after a slight knock. i literally hardly slept the night before, dreaming someone was trying to open the door again. and i've told the center a few times that they should buzz downstairs first. some do, but still some don't. and when they come, they mostly come late. that means you can't use the bathroom for that half an hour, no privacy at all and you have to be alert. not mentioning, dozens of people seeing the most private aspects of your life, inside your closets, your bathroom, your bedroom.. very very very irritating.
i totally understand that the owner has the right to show his property to prospective buyers. have talked with him at the end, and seems we have no problems at all. but again i feel harrased by the agents. what are my rights against them?

i am obliged to permit reasonable access. but what is "reasonable"?

what can i do? and don't I have the right to refuse the visits for the weekends and evenings?

thank you in advance.
**A: know your rights by reading and understanding the L/T law. Them armed with the law, send a certifed rrr letter to your landlord quoting sections of the law and state your requests.
 
E

elma

Guest
I've read lots of regulations, codes.. and it seems I've solved my problems for the time being. thanks for all.

but I still think the code is not clear enough.
for example, how frequent is meant by reasonable access?
Can agents come over themselves without bringing prospective owners/ tenants along? I mean, not for the showing purposes but to see for themselves?
does anyone have an idea? asking, just out of curiosity..

thanks.
 

FarmerJ

Senior Member
If it doesnt define reasonable with a number of hours then most people might agree that 24 hours for non emergency entry is considered reasonable but with out a number of hours defined your best bet is to do as I said about the door and any who come without atleast calling deny them entry . Unfortunately realtors sometimes can be quite poor about notices . When I had my apt building. I lived there on site and had a few realtors show up with zero notice and told them they wouldnt be able to see everything with out notice . and a few were quite surprised with a who are you to tell me that look . ( it didnt occur to them that i still lived there .)
 

HomeGuru

Senior Member
Re: re:privacy rights

elma said:
I've read lots of regulations, codes.. and it seems I've solved my problems for the time being. thanks for all.

but I still think the code is not clear enough.
for example, how frequent is meant by reasonable access?

**A: you are correct that the law is not clear. There is no L/T definition of reasonable. Time to negotiate with L.
***********

Can agents come over themselves without bringing prospective owners/ tenants along? I mean, not for the showing purposes but to see for themselves?
does anyone have an idea? asking, just out of curiosity..

thanks.

**A: yes, of course they can. The term is commonly called a Realtor preview or broker's open.
 

JETX

Senior Member
Elma, contrary to what you have been told, you ACTUALLY do have some protection.

The Delaware Code (Title 25, §5509):
"(b) The landlord shall not abuse this right of access nor use it to harass a tenant. The landlord shall give the tenant at least 48 hours' notice of landlord's intent to enter, except for repairs requested by the tenant, and shall enter only between 8:00 a.m. and 9:00 p.m. As to prospective tenants or purchasers only, the tenant may expressly waive in a signed addendum to the rental agreement or other separate signed document the requirement that the landlord provide 48 hours' notice prior to the entry into the premises. In the case of an emergency the landlord may enter at any time."
Source: http://198.187.128.12/delaware/lpext.dll/Infobase/241e3/24b3c/24ca9/24d00?fn=document-frame.htm&f=templates&2.0
 
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elma

Guest
thank you all. it's really nice to know you're not alone.
meanwhile the apartment is sold. it seems the new owner would like to move in himself. not clear yet. but I have a lease aggrement until end of may anyway. and I'm afraid I may bother you further in the near future:)
 
Last edited:

JETX

Senior Member
As you already know (or assume), as long as you are in compliance with your lease obligation, the lease protects YOU from their forcing you out. If they want you to vacate, be sure to get them to compensate you (moving expense, utility deposits, deposit refund, etc.) BEFORE agreeing to VOLUNTARILY terminating your lease early. And get any release in WRITING.

Good luck and let us know how this turns out.
 
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elma

Guest
well, i was told by the real estate agent that the apartment was sold, then heard nothing about it until sometime later i ran into my landlord (about a month ago) who said he changed his mind and was not selling it.
and 2 days ago they came for a final walkthrough and this time it really is sold. the new owner told me he was going to be loyal to the lease but if i wanted to move out earlier than may it wouldn't be a problem.

in that case I think I hardly can ask for a compensation, or not?
 
H

hexeliebe

Guest
He's honoring the lease because he MUST honor the lease. Don't be fooled.

And no, you can't get compensation if you voluntarily leave early.
 

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