Tenants rights

[Bria]

Hi, I wrote on 6/3 re tenants rights when landlord is selling. I did have a mutually agreed upon showing schedule with the realtor (verbal) in that he would give me 24 hours notice . He also stated that he would show only the vacant upstairs apt. first to see if the potential buyer was really interested. In the past week they've tried to schedule without the 24 hour notice. The first time they called at 11:00am and wanted in at 11:30. I referred to the origional agreement and they said it was not a law and they did not have to give me notice. They finally agreed to wait until the next day. After cancelling my plans and staying home to wait, they called 15 minutes before they were supposed to come and cancelled. Today, they called at 12noon and said they were coming at 3pm. Again I told them I needed 24 hours and they stated that they did not have to give me notice and that I was responsible to be here to keep my dogs under control. Please help, do I have any rights here?

 

[Tracey]

Without your state, we can't tell you if 24 hours notice is mandated by law or if the law merely requires "reasonable" notice. Does your lease say anything about notice prior to access for non-emergency reasons?

At any rate, you do not have to drop everything and hang around waiting to see if they show up in 3 hours or not. Inform the realtor in writing that you demand 24 hours notice, and that you will not rearrange your schedule at the drop of a hat. Furthermore, if you do not receive 24 hours' notice or if realtor schedules a showing during your work hours, you will hold realtor & L liable for any damage, lost items, or actions of your dogs. Also, inform realtor that you cancelled plans to be present for their showing & that realtor owes you $10/hour for every hour you waited OR gave up doing planned activities, whether she shows up or not.

Are there any days/times at which you could be available for showings on 2 hours notice? Say Mondays 6-7, Tuesdays 5-6:30, Friday 5-7, and Sunday 12-2? You might offer to keep those time available for short-notice appointments, with other times available upon 24 hours notice. Do you work at home? L can't expect you to take time off work for his benefit! Also, if you work at home, do't let realtor think that you're available all the time just because you're there. You have regular work hours and they have to respect that.


Post "Beware of Dogs" signs on your doors. If you're home, simply deny them access on less than 24 hours notice. If they refuse to leave, call the police and press charges for trespassing. As Robert Heinlein once said, with some people you've got to just keep stepping on their toes until they apoligize for being in your way.

Prepare to repel boarders!

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Bria]

Hello Tracy and thanks for your response. I live in PA (please refer to my post on 6/3 which should help in painting the bigger picture). I haven't had any luck i locating a tenant rights org. in my town, but did contact the Realtor Assoc. who said I could file a complaint. No action can be taken by them but it will go on file. I signed a one year lease when I moved in 6 years ago but nothing since, and no, it made no mention of anyone being given access. I suppose that I could make myself available for certain hours, but if you read my post from 6/3 you should understand why I prefer not to. Also.after reading some of old posts and responses, I wonder if I could be held responsible for obstructing the sale of property thus resulting in a financial loss for the landlord. Not to mention my concern about being evicted for being uncooperative. Thanks for any light you can shed on this!

 

[Tracey]

You can find the landlord tenant act & residential landlord tenant act in Title 68, Chapter 8 of the Penn Statutes. You local library has them. They aren't all online, so I can't quote the exact statute for you. Be sure the check both the LTA & the RLTA.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.