Rental house being sold - What are my rights?

[klbmill121314]

What is the name of your state (only U.S. law)? Illinois
I signed a year lease just two months ago and was informed today that my landlord is selling the property. The lease will be transferred to the new owner if he does in fact sell. My concern is what my rights are regarding showing the house to prospective buyers. The lease states as follows: "Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants, at all times during this lease." It does not specify whether or not we can request to be present during the showing or not. Since we are still living in the house and our possessions are in the house as well as our pets, I would prefer that we be home during the showings. The landlord is telling me that a lock-box will be put on the property and we will be asked to leave during the showing of the property. We will be given 24 hours notice when the house will be shown. I live with my husband and 6 month old daughter and it will be winter soon. I do not want my family to be kicked out of our home with only a 24 hour notice. My husband and I both work 40 or more hours a week and there are times when we are out of town. I do not feel at all comfortable with random people traipsing through my home with all of my possessions inside when I'm not there. When I stated my concerns to the landlord his repose was extreme frustration and he acted as though I was being non compliant and non cooperative. I don't want to be non cooperative but at the same time, this feels like a major invasion of privacy.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Illinois
I signed a year lease just two months ago and was informed today that my landlord is selling the property. The lease will be transferred to the new owner if he does in fact sell. My concern is what my rights are regarding showing the house to prospective buyers. The lease states as follows: "Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants, at all times during this lease." It does not specify whether or not we can request to be present during the showing or not. Since we are still living in the house and our possessions are in the house as well as our pets, I would prefer that we be home during the showings. The landlord is telling me that a lock-box will be put on the property and we will be asked to leave during the showing of the property. We will be given 24 hours notice when the house will be shown. I live with my husband and 6 month old daughter and it will be winter soon. I do not want my family to be kicked out of our home with only a 24 hour notice. My husband and I both work 40 or more hours a week and there are times when we are out of town. I do not feel at all comfortable with random people traipsing through my home with all of my possessions inside when I'm not there. When I stated my concerns to the landlord his repose was extreme frustration and he acted as though I was being non compliant and non cooperative. I don't want to be non cooperative but at the same time, this feels like a major invasion of privacy.

There is no specific statute for Illinois regarding LLs right of entry, which means that the LL must provide REASONABLE notice prior to entering except in cases of emergency. REASONABLE notice usually means at least 24 hours notice, essentially sufficient notice in order to make arrangements to be present at the time of the entry, secure animals, or to make the property presentable. You have the right to ask to be present during the visit, but if you can't be, that doesn't preclude the LL from entering anyway.

A lockbox, although a convenience to realtors for showing the property, presents those same people with access without having given any notice at all. The tenant is entitled to notice in order to preserve quiet, unfettered enjoyment of the property without having to worry about unannounced visits and invasion of their privacy. I would say absolutely NO to allowing the installation of a lockbox, as realtors tend to be notorious for scheduling visits with their clients at THEIR convenience without regard to a tenant's right to privacy. If the LL or a realtor shows up without any advance notice, and you are home, it is OK for you to say no and tell them that they need to call back and schedule a time that's more convenient for you.

Some LLs who are selling a rental property strike a deal with their tenants to exchange more frequent access with less notice, or scheduling open blocks of time for open house showings while the tenants leave and do something else. In doing so, because there's a tradeoff (the tenant's privacy vs. the LL/realtor's convenience), the LLs often provide some kind of incentive, such as reduced rent, or paying for a day of entertainment to keep the tenants busy and out of their hair.

 

[TinkerBelleLuvr]

I recently did this. I actually refused the lockbox BECAUSE I had a dog. He's actually fine as long as I am home but could NOT say the same thing if someone were to enter the home when I wasn't home. I just made sure I gave the realtor times that it would work for them to come over. In addition, I made sure that Princess would have her room clean.

 

[Who's Liable?]

Reasonable notice must be given prior to entry. If no notice is given, you are not required to let them in, and can ask them to come back once notice has been given.

Landlord can't force you to leave during these times, you have a legal right to be there, it's what you're paying rent for! Landlord can't force you to tidy up, if they want the house too look a certain way, they can pay someone to do it.

 

[klbmill121314]

Update

I talked to my landlord yesterday and refused a lockbox and said that I wanted to be home during showing. I just got home from work and there is now a lockbox on my doorknob. He directly went against my orders. What can I do about this? I've tried calling the Realtor number on the sign that is in front of my house and they will not answer.

 

[sandyclaus]

I talked to my landlord yesterday and refused a lockbox and said that I wanted to be home during showing. I just got home from work and there is now a lockbox on my doorknob. He directly went against my orders. What can I do about this? I've tried calling the Realtor number on the sign that is in front of my house and they will not answer.

Do you know how to change a lock on your front door? Same thing here. It starts by removing the doorknob (as long as it's not all one piece). Or you can hire someone to do it. When the doorknob comes off, so will the lockbox. Make sure to put the lockbox somewhere safe and hand it to the realtor or LL the next time you see them so that they can't accuse you of trying to steal it, or send it to them via certified mail (return receipt requested, of course).

Or, you can install a chain lock or some other similar device on the inside of the door that locks it from the inside when you're not home. If you have another door (such as the back door or garage) to enter the house when the front door is secured, that could work too. But the first suggestion is the best. That's what I did when my LL tried to do the same thing.

You might also consider posting a "No Trespassing" notice on your door, stating that any unnoticed entry is not permitted. State that any entry must first be approved by the occupant, and that violators will be prosecuted.

Understand that just because you WANT to be home when they show the property is no guarantee that you will be able to enforce that. All that's required is notice. If you can't be there, and sufficient advance notice has been given, the LL is under no obligation to wait until you can be there, and has the authority to enter anyway.

 

[TinkerBelleLuvr]

What kind of pets do you have? And does the realtor know that you have pets? The realtor in my case did NOT want the responsibility of showing a house with a loose dog. My dog is just fine as long as we are home. Strangers are NOT welcome. And nothing like a BEWARE OF DOG sign right below that lockbox until you get it off.