landlord rights re: selling property thats rented?
i gave a 60 day notice & put the house on the market, i give them 48 hrs notice to show property but they keep putting notes on the door saying don't come in we're really sick, can they stop me from coming in ? the tenant is my son & his family.he hasn't paid trash or water in three months & and has deducted from rent to have the carpets cleaned & more money because dishwasher wasn't working even tho i was working to fix it. mom/landlord has had it . i live in calif. & i need to know if they have a right to keep me & perspective buyers out. this is an awfull situation & i feel bad for my grandkids but this situation needs to end. please help i need legal advice & other advice as well. ps i've learned to never rent to family because they take advantage of you.
the answer for some of you is yes i have a lease and i live in ca. i also don't really plan on selling it's just a way to get them out without eviction,i also have friends willing to open escrow and telling them that i sold it. i figured this was the easy way out and maybe a little less fighting.
lease has expired 3 months ago so it is now a month to month
- LoriLv 61 decade agoBest answer
Here is the law:
Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord's agent may give the tenant notice orally, either in person or by telephone. The law considers 24 hours' notice to be reasonable in most situations. However, before oral notice can be given, the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it. This written notice must be given to the tenant within 120 days of the oral notice. The oral notice must state the date, approximate time and purpose of entry. The landlord or agent may enter only during normal business hours, unless the tenant consents to entry at a different time . When the landlord or agent enters the rental, he or she must leave a business card or other written evidence of entry
The landlord cannot abuse the right of access allowed by these rules, or use this right of access to harass (repeatedly disturb) the tenant. Also, the law prohibits a landlord from significantly and intentionally violating these access rules to attempt to influence the tenant to move from the rental unit.
As for the tenent deducting money from the rent for repairing the dishwasher-that he cannot do. A dishwasher is not considered necessary to the health and welfare of the tenent. This is cuase for eviction:
The "repair and deduct" remedy
The "repair and deduct" remedy allows a tenant to deduct money from the rent, up to the amount of one month's rent, to pay for repair of defects in the rental unit. This remedy covers substandard conditions that affect the tenant's health and safety, and that substantially breach the implied warranty of habitability. (See discussion of the implied warranty of habitability at Dealing With Problems button.) Examples might include a leak in the roof during the rainy season, no hot running water, or a gas leak.
As a practical matter, the repair and deduct remedy allows a tenant to make needed repairs of serious conditions without filing a lawsuit against the landlord. Because this remedy involves legal technicalities, it's a good idea for the tenant to talk to a lawyer, legal aid organization, or tenants' association before proceeding.
The basic requirements and steps for using the repair and deduct remedy are as follows:
The defects must be serious and directly related to the tenant's health and safety.
The repairs cannot cost more than one month's rent.
The tenant cannot use the repair and deduct remedy more than twice in any 12-month period.
The tenant or the tenant's family, guests, or pets must not have caused the defects that require repair.
The tenant must inform the landlord, either orally or in writing, of the repairs that are needed. (See "Giving the landlord notice".)
The tenant must give the landlord a reasonable period of time to make the needed repairs.
What is a reasonable period of time? This depends on the defects and the types of repairs that are needed. The law usually considers 30 days to be reasonable, but a shorter period may be considered reasonable, depending on the situation. For example, if the furnace is broken and it's very cold outdoors, two days may be considered reasonable (assuming that a qualified repair person is available within that time period).
If the landlord doesn't make the repairs within a reasonable period of time, the tenant may either make the repairs or hire someone to do them. The tenant may then deduct the cost of the repairs from the rent when it is due. The tenant should keep all receipts for the repairs.
It's a good idea, but not a legal requirement, for the tenant to give the landlord a written notice that explains why the tenant hasn't paid the full amount of the rent. The tenant should keep a copy of this notice.
Risks: The defects may not be serious enough to justify using the repair and deduct remedy. In that event, the landlord can sue the tenant to recover the money deducted from the rent, or can file an eviction action based on the nonpayment of rent. If the tenant deducted money for repairs not covered by the remedy, or didn't give the landlord proper advance notice or a reasonable time to make repairs, the court can order the tenant to pay the full rent even though the tenant paid for the repairs, or can order that the eviction proceed.
The landlord may try to evict the tenant or raise the rent because the tenant used the repair and deduct remedy. This kind of action is known as a "retaliatory eviction" (see section on Retaliatory Eviction). The law prohibits this type of eviction, with some limitations.
Here is a handy reference webpage that you can refer to:
- 1 decade ago
I don't know where you are from, but it is you who have formed the contract and they have signed it. You also decide the conditions. If they ignore the conditions then they are breaching. If you have not got a signed contract, then there are no conditions and you have no legal right over them. You allowed them into the house. Yes money and family don't mix, no matter what the amount. If they have signed a contract, then they have signed it on the grounds that they will fulfil the contracts obligations. My understanding is if they have breached the contract, then you can ask them to move immediately. If they do not then there would be a clause that says either of you give 2 weeks or a month as the case may be, to end the lease agreement. This would be because they have broken contractual obligations. So does viewing the house form part of the contract?. If no, then they are not obliged to allow entry, although you certainly have the right to enter the house with or without them there, once you have specified the time and date and given them adequate notice. Equally, you could take someone in with you after giving notice. Is it purely just you signing the lease agreement. If not then the other person has a right to entry as well (your mom, take the police). Your issue is that you may have no contract and you have allowed them to stay. They could actually stop paying rent and until you took them to court, there is nothing you could do about it! If they are not respecting your rights and taking advantage of your generosity, then I would just outright threaten them. First I would find them their options, then I would offer them the options and make it nice by giving them $1000 assistance. This will be worth the outlay to regain your house right? If they refuse then I would threaten legal action and eviction. If you need to go this far, then be prepared to let the grandchildren stay with relatives while the parents go and look for a house. Honestly, if they are this irresponsible then mate, they are gonna take you to the point of no return and then they will make you feel guilty about it. People do this a lot and I feel for you, but whats the worst that can happen... you get sacked, lose your money, your houses cause they wouldn't let you have it to sell... it's your property, don't let them take it from you because they have no conscience! Go and do some reading on Property Law and look for the Property Law Act of your State. Leasor's and Leasees rights, rentors rights, terms of rental agreements, agreements where no lease is signed...etc...
Oh and if there is no contract, you can forget about recovering costs, so get them out asap before they trash... Bribery goes a long way with family members, make it worth their whilke, do the hard yards for them, organise the furniture removalist... then don't pay for any of it...right? (Im from Australia but Property Law and contract law are similar in countries). You want to do what is possible to avoid them changing the locks on you right! I hope you have the deed etc for the house so if it gets nasty, don't tell them, wait for them to leave to work, get a locksmith, load their stuff and say goodbye! Best wishes!Source(s): University Property and Contract Law studies a few years ago... and that means not much... research your options!
- 1 decade ago
Oh wow, I can't imagine having to go thru this, and I am not a Lawyer, and I do hope you are able to get the legal advice from one on here. However, I would VERY strongly believe that you DO have the right to enter the premises given you have provided them with notice. Honestly it sounds more like you are in fact being used by them, sticking a "I'm sick don't enter" note on the door says just that. Come on now...to me it seems like they feel desperate and don't want you to sell the house for the fact that means they feel threatened they might not be able to stay living there once it is sold. Wow.....I am so sorry that you are going thru this, and even more sorry they are doing this to you. After all how nice is it that you provided them with a roof over their heads, and have given them slack on the utility bills that might have gotten them evicted had they been renting elsewhere. They need to grow up and get on their own two feet. I'd love to know if you have a written lease, ect with them? Any type of binding rental agreement? I'd say you'll still need to contact a lawyer to cover your butt, I hope it works out okay for you my friend.....Best wishes....
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- Anonymous1 decade ago
Hi, it is a very difficult position to be in. Anyway, to answer your question, yes you can enter the property as long as you give them 24 hours notice (post it on their door if they don't answer) and you do not do this frequently as to interfere with their quiet enjoyment of the property.
Also, if you were to sell the home, the new owner will need to honor the lease, so using the selling tactic won't help. If on the lease it specifies that they are responsible for water and trash, then you could use that to evict them. Also, all deductions must have your approval and if you attempted to repair the dishwasher in a reasonable time, they will not win in eviction court. By the way, they can not deduct money for cleaning the carpets.
If this was anyone else, I would spend the $500 on an eviction lawyer and start the eviction process. However, this is your son, his wife (your daughter-in-law) and your grandkids. I would sit down and have a heart to heart talk with him and his wife (make sure you respect her and involve her as well). Tell them that you love them both and because of that, you cannot mix business with family. Offer them money towards a deposit for their new place (do not let them slide on rent or you cannot evict) and tell them to move. If they refuse or don't move, bring in a neutral third party to explain to your son and his wife that he has two choices: 1. Leave on good terms or 2. Get evicted, have a tarnished credit report and a judgment against him.
I've been in your shoes and in your son's shoes. It is hard and for that very reason, I no longer let any friends or family rent out my rentals. Good luck to you.
RegardsSource(s): Satar Naghshineh California Licensed Real Estate Broker Amiri Property and Financial Services Corp. Irvine, CA
- acermillLv 71 decade ago
My guess is that you are selling this property in order to rid yourself of an unsavory tenant, who happens to be your son and family. Don't sell for that reason. Evict your son and his family, and prepare the rental for a quality tenant. It sounds as though your son is irresponsible and needs a serious wake up call. After evicting them, take them to small claims court for these expenses which were not paid to you.
Since he's family, I would graciously inform him of your intentions before you actually proceed, but once that has occurred, I'd proceed.
You are right. They're taking serious advantage of you.
- 1 decade ago
Bad situation but the easiest thing to do would be to see if they would like to buy the house before going through such an ordeal as eviction. If they can't qualify for a mtg right now - you could structure a lease purchase.
THEN if they default, or after being given their option to buy, fi they say they don't want to do that - I would let them know that I was going to take it to the next level.
Give options with deadlines on your required answer - in writing, certified mail return receipt is best as it proves that you actually tried to resolve the problem. It also lets them know that you are serious since you are documenting everything.
- 1 decade ago
This is a heart-breaking situation. My Mom went through something similar with my brother, his wife, and children, all living with her. She required no rent, and they told her they "couldn't afford" to contribute anything toward the utilites. So out of her Social Security check and Retirement she paid everything - the mortgage and the utilities, until she was broke. The rest of the family begged her not to do this, but she was afraid for the grandchildren. All we could do was stand by helplessly, watch and wait.
My mother finally had to sell, but what to do with the family? With their bad credit, where were they to go? Mom's real estate agent had been in the business for many years, and had seen it all. He passed on to her what he had seen done by others - you pay the son and family a lump sum to move. You negotiate with them a figure that gives them enough to settle into a place they feel comfortable with - say, $20,000 - and be sure to get a signed receipt for the settlement. Once they're out, you can clean up the place and sell. Meanwhile, your attorney will be given the signed receipt for the money and will adjust the terms of your will accordingly. So, in the end, that money comes out of your son's inheritance, if that is what you wish.
Meanwhile, you forego the arguing and the lectures, much as they deserve them . . . remembering that those innocent grandchildren are now depending on you to be the only responsible adult in this situation. Your patience, your "biting your tongue" to keep silent, and your wise and kindly handling of this situation, will make all difference - by not alienating your goofy son and his wife, you can remain connected to those little ones, and hopefully maintain a good relationship with them, being a good influence as they grow up.
Hopefully they will learn from you, not to imitate their parents.
Best of luck to you and to your family.
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- ©2009Lv 71 decade ago
Your last sentence pretty well sums it up.
Additional: If the lease is month to month, you need only give 30 days notice to terminate it.