Tenants Rights in regards to OPEN HOUSE & property being sold?
Last night (thursday night) we found a letter in our mail advising us that not only had our rental property been put up for sale, but that there is also going to be an "open house" this saturday at 11 am. We rang our real estate, they aplogised for not calling us about it but pointed out that as we'd been given a 'technical' 48hrs notice (more like 40hrs) we could do nothing.
The property is going to be on the market for 6wks, and during that time the real estate said they "will be having an open house every saturday morning, and also that (we the tenants) will have to allow inspections by prospective buyers during the week at only 24hrs notice also"
The pretty much advised us that we have no rights in the way of a rent reduction, even with the severe inconvenience we're being put to. They said we are allowed to refuse the weekly inspections however must sort out a 'more convenient time' instead of just flat out refusing. We're utterly furious, we've had to cancel our plans for
saturday, and will probably have to do so many times over the next 6 weeks. We will have to keep the house completely spotless (very difficult, as I am NOT the 'tidy' type) for inspections at literally a day's notice.
However, the real estate claims we are 'not being inconvenienced outside the terms of our contract' which states that, should the property be put on the market, that "the landlord can show the property a reasonable amount of times, with reasonable notice on each occasion" - huh? what does that mean?
OK so basically my partner and I want to know our rights here. It seems we can't break our lease and leave, cant get a rent reduction, and are basically going to be trampled all over by these people. Is there anything we can do????
Any advice will be appreciated, thanks :)
PS we're in Australia, but would welcome anyone's advice be it legal or from your own experiences with this.
- Anonymous1 decade agoFavourite answer
I'm a NSW real estate agent, and if for a tenanted property fortnightly open houses are moer reasonable. They shouldnt expect you to do weekly ones. Also if they are holding open houses, they should not also require you to have the house immaculate for other inspections at any time. It should be one or the other.
You would have rights under the NSW act for a rent reduction but you would have to go to the tribunal to fight it- that costs $33.
Feel free to message me if you have any other problems
- Anonymous1 decade ago
That is one of the problems of renting a house instead of an apartment. I should have told you that before, Huh?
What is considered ample time and hours where I am located is 24 hour notice to show. They can show between 9:00 a.m. & 6:00 p.m.
That is not a fun thing to do. I suppose you could object to the week end open house. That is a bit much to ask of anyone to do. Decide what you can live with as far as showing the house. Then send them back a letter stating what you are willing to go along with. What do you have to lose? Obviously you are going to be moving anyway. I wouldn't personally go along with all their wishes.
- helprhomeLv 51 decade ago
Ok the problem is I'm in US so this may not apply to your situation but, the best way of "getting even" for this inconvenience is to find out if the same that is true here is true there. Here in US, if you have a lease, the lease goes with the sale so most people would not want to make the tenants unhappy for fear they would want to break the lease, which the buyers sees as an asset! See if there is a source for Landlord tenant law in your town. Good luck.Source(s): http://www.thelpa.com/lpa/lllaw.html
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- kimmamarieLv 51 decade ago
By ;not keeping the place clean, the only thing that is going to do is force the landlord to give you notice to move and evict you. The realtor and the landlord has given you the proper amount of notice that they need to give you. You cannot refuse to cooperate. You can do nothing to hinder the sale of the house. That is the laws in the USA and I would assume you would have similar laws. See if there is anything in your lease.Source(s): 13 yr landlord in MI
- Mr PlacidLv 71 decade ago
Contact your state's tenant's union.
The landlord does have a right to enter the home and show the premises to prospective buyers, but occupying the property nearly all day sounds somewhat unreasonable.
I'm in the U.S., but I know that every state in Australia has a tenant's union that can give you advice. Contact them... they are there to help.
- ShavonLv 61 decade ago
I would go back and check your lease, that is something you would have had to sign off on.
If I were you just out of spite I would go on strike when it comes to cleaning the house. Just keep it sanitary.They can't make you clean your house before an open house and leave a letter out on the couch or something stating the cleaning crew is on strike until strangers quit coming into your home.
- kishimotoLv 44 years ago
one million. you are able to consistently positioned your genuine sources up on the marketplace inspite of whether that's occupied or no longer. you in simple terms could show to the genuine sources agent and subsequently any ability client the term of the hire. 2. Its in simple terms 5 months to the expiration of the hire. in case you place it on the marketplace now then probability is that via the time you and the potential client are waiting to close the hire would be on the brink of expiration if no longer already expired. 3. examine the words of your hire settlement heavily. some rentals have termination clauses in the form of exchange of possession. So in case you sell, the hire could immediately terminate. that would not unavoidably propose that the tenants will vacate. 4. do no longer take a confrontational place with the tenants, its no longer well worth it. in simple terms deliver them a word or call them up and enable them to renowned which you would be putting the valuables on the marketplace on the marketplace and that the hire is in simple terms no longer prolonged and that they ought to start the technique of finding for yet another sources for condo/leasehold. examine your hire to work out if there are any words for "required word of termination." some rentals require quite a few months' word so be certain which you provide the tenants adequate word pursuant to the words of the hire. you opt for them to bypass quietly. Renting is solid in spite of the indisputable fact that it comes with soooooo lots problems. solid success.