Re: Sitting tenant home being sold - Landlord Forum thread 359719

Re: Sitting tenant home being sold by Garry on September 12, 2019 @21:30

It's commendable of you that you are not trying to fight the 60 day notice, and want to 100% comply with it, even though your personal life is in a shambles right now. Remember, you do not have to be out until that 60th day. You are still a paying tenant, who has certain rights. Under most laws in this country, you must allow a landlord access to your property to do repairs, and show the property to prospective tenants or future owners.

HOWEVER, I used the word "show". "Showing" a property means only for a few minutes, or maybe set up an occasional open house for a 2-3 hour period. When the showing time is up, everybody leaves. And you have the right to be there at those showings, even if the LL does not want you there, to protect your belongings.

"Staging" is an entirely different matter. In that case, the LL is bringing his things into YOUR space, and leaving them there, 24 hours per day, till the property is sold. It's space that you are paying rent on. It forces you to work around "his" items, while not using or damaging them. In your case, the "agent" the LL is using, is TOTALLY wrong.

I would suggest you get ahold of an attorney ASAP, tell him/her your story, and have that attorney write a letter to your LL informing him there will be an invasion of privacy lawsuit filed the moment the LL puts 1 piece of furniture inside your place before you are TOTALLY out. He can still "show" your place, just not "stage" it. In that letter, your attorney should tell the LL that you are making a reasonable request that you he give you a written and POSTED notice of 24 hours to show the place, AND that either you, or someone you designate, be there when it's shown, to protect your belongings from being damaged or stolen.

Very likely, once the LL gets your letter from your attorney, he will probably just back off of showing or trying to stage it at all, until you are totally out and have given him the keys back. Be sure to take lots of pics of how you left the place, along with having a witness with you.

But beware. If you leave the place with damages, or unclean, or fail to get out on time, or don't return keys, or give a forwarding address, the LL may very well have a good case against YOU, and keep all of your deposit. Best thing to do, is schedule a walkthru on the last day, with YOU BEING THERE, and discuss all these things at that time.

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Re: Sitting tenant home being sold by Lisa on September 13, 2019 @11:52	[ Reply ]

Great! I really appreciate the extremely helpful advice. It gives me piece of mind to know I have rights and some say in this matter. Its been impossible to find info on the net regarding a home for sale, with staging, while tenant is out of town. And when I return home on those 5-6 days here and there Ill be moving out and the sale of their home or condition of staging furniture is not my priority or concern. The home sale bombshell was dropped on me Aug 12 in a text. Later on Aug 21 a retro active 60 day notice to vacate text came in ( Aug 12 was the day I got a text merely stating they have decided to sell the house. Aug 21 is when I received a text saying I am to be given 60 days notice to vacate and my 60 days started with the house sale text back on Aug 12 ) I know NOW thats an entirely illegal 60 day notice to vacate but I told them Ill comply because I was ...dumb/ignorant and in shock. When I received the notice to vacate in the mail ( the one day I was home this month ) it had a print out stapled to it of my text saying "OK Ill be out by Oct 12th". Argh! Theres the proof they need. So I shall be out. BTW Ive been a good tenant and in good standing w LL the entire time I've lived there. I took good care of the house, dealt w handymen, gardeners, pest control, etc...We have never had issues. So this situation is out of box! Thanks again Garry! This has helped me in so many ways. I really hope others can learn from this thread as well.