Rights of renters in this situation?

[mbrooks]

What is the name of your state? California


My landlord never gave me any formal notice that he is selling the home/property that I currently reside at, one day a for sale sign was posted and then we started getting calls from real estate companies trying to get there clients in to see the property, it has just been a hassle and has made my family stress over the possibility of losing our home. We have only been here 7 mths and just now started settling in. My husband did call the owner, he stated he was putting the house on the market and would give us as much notice to vacate if there was a buyer.

We understand it is his property and has the right to sell but do we have any rights as tenants as far as this situation goes?

Also, what is the minimum notice that a tenant/renter has to be given for a real estate company to walk through the home along with a presective buyer?

 

[south]

He needs to give proper notice to you to show the unit, at least 24hrs notice.

As for selling the home unless your name is on the deed there is nothing you can do about it.

What is the name of your state? California


My landlord never gave me any formal notice that he is selling the home/property that I currently reside at, one day a for sale sign was posted and then we started getting calls from real estate companies trying to get there clients in to see the property, it has just been a hassle and has made my family stress over the possibility of losing our home. We have only been here 7 mths and just now started settling in. My husband did call the owner, he stated he was putting the house on the market and would give us as much notice to vacate if there was a buyer.

We understand it is his property and has the right to sell but do we have any rights as tenants as far as this situation goes?

Also, what is the minimum notice that a tenant/renter has to be given for a real estate company to walk through the home along with a presective buyer?

 

[ENASNI]

um

Here is what the landlord tenant handbook for California says about it.
You are Month to Month?

http://www.dca.ca.gov/legal/landlordbook/moving-out.htm#landlordsnoticetoend

Landlord's notice to end a periodic tenancy

A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. If you have lived in the rental unit for a year or more, your landlord must give you 60 days' advance written notice that the tenancy will end.150 However, the landlord can give you 30 days' advance written notice in either of the following situations:

You have lived in the rental unit less than one year;151 or
The landlord has contracted to sell the rental unit to another person who intends to occupy the unit for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice -


The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
The landlord must have given you the 30-day notice within 120 days after opening the escrow, and
The landlord must not previously have given you a 30-day or 60-day notice, and
The rental unit must be one that can be sold separately from any other dwelling unit.152

 

[Charles11]

My landlord never gave me any formal notice that he is selling the home/property that I currently reside at, one day a for sale sign was posted and then we started getting calls from real estate companies trying to get there clients in to see the property, it has just been a hassle and has made my family stress over the possibility of losing our home.

Your landlord is an inconsiderate clown to not have notified you.

Some landlords are too stupid or blind to see that the tenant can have a significant affect on their ability to sell the home.

As has been pointed out you can require 24 hours notice for showings (not that they are going to appreciate it). You do not have to consent to a lock box.

Unless you have some city ordinance to the contrary, it appears you could be given a 30 day notice to move at any time. If you make things difficult enough for the owner they might give you such a notice. On one hand if the house sells you will not have to deal with the parade of realtors, on the other you may be able to stay longer. Usually after a contract for sale is signed it takes 30-60 days for a house to close.

Don't worry be happy.

Chas

 

[south]

The landlord is not a clown just smart.

Many landlords do not tell tenants they are selling the building until the very last minute often due to problem tenants in the building that may start causing problems and act up in front of buyers.

Owners are under no obligation to inform tenants they are selling the building.

Your landlord is an inconsiderate clown to not have notified you.

Some landlords are too stupid or blind to see that the tenant can have a significant affect on their ability to sell the home.

As has been pointed out you can require 24 hours notice for showings (not that they are going to appreciate it). You do not have to consent to a lock box.

Unless you have some city ordinance to the contrary, it appears you could be given a 30 day notice to move at any time. If you make things difficult enough for the owner they might give you such a notice. On one hand if the house sells you will not have to deal with the parade of realtors, on the other you may be able to stay longer. Usually after a contract for sale is signed it takes 30-60 days for a house to close.

Don't worry be happy.

Chas

 

[mbrooks]

Thanks 2 all

Well, the latest news is that there is a "prospective buyer" for the house even though it hasn't been viewd by anyone. Its a women and her two kids. She has not viewed the home as of yet, this is to be scheduled next week sometime. We are hoping that this women will see the issues she will have to deal with on this home, were not trying to discourage buyers but for a single parent there is ALOT of problems to deal with on the house.

 

[south]

And this is exactly the reason why sellers do not inform tenants when they are selling.

Well, the latest news is that there is a "prospective buyer" for the house even though it hasn't been viewd by anyone. Its a women and her two kids. She has not viewed the home as of yet, this is to be scheduled next week sometime. We are hoping that this women will see the issues she will have to deal with on this home, were not trying to discourage buyers but for a single parent there is ALOT of problems to deal with on the house.

 

[Charles11]

The landlord is not a clown just smart.

Many landlords do not tell tenants they are selling the building until the very last minute often due to problem tenants in the building that may start causing problems and act up in front of buyers..

They can act up in front of buyers whether they have had notice or not, in fact they would probably be more likely to act up.

I didn't get the impression this was an apartment building but a single family home, but that was just my impression.

I believe if you extend a little courteousness to someone who has been a good tenant, it will be reciprocated.
People tramping through one's house all day is not the quiet enjoyment that was bargained for in renting the premises which is why I offer tenants a cash incentive on the sale of a house - this way they tend to keep the place looking tidy, don't bad mouth the property and do not unreasonably restrict access.

[/QUOTE]
Owners are under no obligation to inform tenants they are selling the building.[/QUOTE]


People are under no obligation to do most of the things they do...

Chas

 

[south]

But a lot more likely when they know a building is being sold, whenever I look at a building I tell them I am doing a structural inspection.

I bought one building where I originally posed as an inspector and got talking to the tenants, they were laughing about the landlord being a push over they asked me if the building was sold yet and what is the new owner like, I said I don’t know, the tenant told me the whole building had stopped paying their rent and the tenant was laughing about it.

I said what you have not paid rent how do you get away with that, they said why pay the buildings being sold the landlord lives in another state and is a push over.

I bought the building with rent in arrears, the day of closing I went around and served everyone in the building a 3-day notice one of which I evicted even after they begged to pay when they realized the 3-day notice was serious (need to set an example).

And the moral to that story is when tenants realize a building is changing hands they start acting up and it can be a real pain in the ass to deal with and work against the sale of the property.

When a building is being sold its 100% better not to tell anyone and as for courtesy we are not in a perfect world.
If you choose to gamble 100's of thousands of dollars on all the tenants being your pal then you are nuts.

Cash incentive!! Are you crazy that can snowball.

They can act up in front of buyers whether they have had notice or not, in fact they would probably be more likely to act up.

I believe if you extend a little courteousness to someone who has been a good tenant, it will be reciprocated.

which is why I offer tenants a cash incentive on the sale of a house - .

 

[alldmoney]

Check your lease over.

Look over your lease real good. Some rental leases in CA have verbiage in them concerning the sale of the property and by signing the lease you may have gave your ok for the owner to list the property and to show the property. The 24 hour rule still applies for "reasonable" notice of entry to show the property.

 

[south]

If your lease does frame it it may be a rare collectors piece..

If a landlord wants to sell his property he has every right to.

Look over your lease real good. Some rental leases in CA have verbiage in them concerning the sale of the property and by signing the lease you may have gave your ok for the owner to list the property and to show the property. The 24 hour rule still applies for "reasonable" notice of entry to show the property.

 

[mbrooks]

Am glad to get the information that I have been given even though some of it is harsh. I am fully aware that the owner has a right to sell the property. I also can understand why owners don't notifiy tenants of there intentions of selling.

We as tenants of this house are just very upset, annoyed and just frustrated over what we had to go through to get into this house - per request of the owners "wait for the house", I won't go into detail about it. We also had an agreement that we were to purchase the property in early 2006 however, we are at fault for not getting this agreement in writing. We are just gonna let things work out on its own, there is nothing we can do but just look for another place.

Update: The prosective buyers walked thru the house/property, they liked it alot but also noticed that ALOT of interior and exterior repairs would have to be made as well as major extermination. It was said that the owner will not help them with these items.

 

[longneck]

make an offer to buy the house. visit with a mortgage broker beforehand to see how much they will give you.

 

[mbrooks]

Were just trying to clean up my husbands collection accounts, they are old but still affect the report. We actually have been trying to pay on these accounts and its so unbelievable how much hassle creditors give you when trying to get them paid off. They give you the run around!

 

[Charles11]

And the moral to that story is when tenants realize a building is changing hands they start acting up and it can be a real pain in the ass to deal with and work against the sale of the property.
When a building is being sold its 100% better not to tell anyone and as for courtesy we are not in a perfect world.

With regard to a multi-unit building or if you have existing prospects before listing, I hear ya. But in the case of a single family home with people who have been good tenants AND knowing they will have to be briefed on handling the agents who will shortly begin calling them and setting appointments to see the property AND with the potential to see if they would be interested in the property themselves, saving me a commission, I would let them know what they will be dealing with rather than just popping up a real estate sign.

Cash incentive!! Are you crazy....

People call me a lot of things - most would not be mentioned in polite conversation!

Again, this would be in reference to a single family home.
Offering several hundred bucks to a tenant upon sale of the house is an incentive for them not to be a fly in the ointment, otherwise they have no reason to be compliant with showings, keeping the place presentable etc. and why should they - the sooner a sale the sooner they are out of a house.

Most of the times the tenant will not require the 24 hours that they could demand and will be fairly flexible in allowing a lockbox and in showing hours. An intransigent tenant could end up costing thousands.

Basically I have been on both sides of the tenant/owner aisle and believe good tenants should be treated in kind. Similarly scumbag tenants should be treated just like they treat you.

Best,

Chas