What are interactual property rights?

Renting but property is on market, what rights do we have?

  • We have a 2yr lease on a property which is now on the market. We still have a good 15 months or so left on the lease and according to property manager we have every right to live here until then. Anyway, the real estate agent who is trying to sell it, is badgering us about giving them a key to our house and keep wanting to bring groups of like 20 people from his office through the house. He is very rude about things and treats us very poorly. Do we have any rights? What can we say no to and what do we have to agree to? I am already pretty annoyed seeing landlord knew he would have to put property for sale before he leased it to us, but he knew he wouldnt be able to get as much rent if it was for sale. And now we always have to keep the place spotless for people coming through, and dealing with this annoying guy. So basically, do I have to give him a key? I really do not want to. My daughter is at home, she has social phobia and its really distressing for her, and I dont like people coming through the house when I am working anyway.

  • Answer:

    The agency is an "agent" of the landlord and has no more right to enter your premises than the landlord reserved for himself in the lease. You ABSOLUTELY do not need to give anything to the agency, as they are not your concern, but have a relationship with the landlord. The agency (and landlord) is responsible for proper supervision of EVERYONE inside your premises if they are allowed to visit. Many landlords falsely believe that since they "own" the building, that they "own" the inside of your premises. For the period of your lease, YOU are the master of everything between the walls of your apartment or house (with exceptions for things the landlord owns, such as appliances). Anyone coming in without your permission is TRESPASSING and you can call the police. When they are brought to trial, they have the burden of proving they had permission or some other reasonable excuse for violation of your statutory right to privacy. On the other hand, you should be reasonable in cooperating with the landlord, ask for a refund of rent, or to be excused early from your lease if it becomes too intrusive on your rights.

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Other answers

This is your home, you are paying rent, and you have certain rights over the situation. Generally speaking you must give your consent for anyone to enter your rental. You do not have to give a key to anyone (landlord usually has a spare anyway). Landlord/agent must be reasonable in accessing your home. However you must be reasonable in granting consent. That is the way most leases are written up. What is reasonable is kind of a gray area and is almost never clearly defined in the lease. I would consent to perhaps once or twice a month. Landlord/agent is also suppose to give advance notice, typically 48 hours. But they must still limit the number of visits to "reasonable". You do not need keep the place super tidy. It is your personal living space and you are paying rent. If you knew the place was going to be sold and the lease required you to do so that's a different story, but I'm sure this is not the case. Lease may require you to keep place clean, but not tidy. I do not like to see anyone deceived or mistreated, which seems to be the case here. I am also a landlord. Good luck.

Dan

This is not your property, and the owner has every right to sell it. They have to give you 24 hours notice, and you can require normal business hours and weekends, but that is it. The agent may seem rude because you are being uncooperative and he is not looking forward to dealing with you in a law suit if you are sued for causing the loss of a sale of the property. You need to adjust your attitude, this is not your house, you are a renter, not an owner and you have no rights to try to prevent the properties sale.

Landlord

They need to give at least 24 hours notice prior to coming in. You can request (make sure it is in writing) that the landlord be present during the home showings and that if people are being brought through the house that no one is unescorted by the landlord through any room. Your contract is with the landlord that is why you should request that he be present if you are unable to be there. I would also put in the letter that you will hold the landlord responsible for any actions of prospective buyers brought into the property. This will cover you if anything turns up missing or if someone breaks something of yours by bumping into a table and knocking something over, etc. good Luck!

Patrick

Your landlord has a right to have the property shown. You have the right to live in it until the end of the lease unless there is a clause written in saying you will have to move if the place is sold. They must give you proper notice, proper notice will properly depend on state law. The landlord could give the Realtor a key but you don't have to and shouldn't. As far as your daughter, not sure what you could do about that. As far as keeping your home spotless; it is you home to live in you can't destroy the home, but unless you are living in a way that could cause injury to someone you don't have to keep it spotless. If he wants the home cleaned to a certain standard tell him to explain it to the maid that he will have to hire if your way isn't good enough. As far as poor treatment, send a written complaint to your state Real Estate Board.

Ross

You have a right to exercise your legal privileges under your state statute in regard to landlord tenant law, holding the landlord and the landlord’s agent to statute can not equate to a civil suit brought against you for intentional interference with a business deal, a civil tort action Few observations: 1. In majority of states the new landlord will have to honor the lease 2. You do not have to give a key to the agent 3. You do not have to keep the place in show condition every time they want to show the place 4. You can hold the real estate agent to reasonable notice to show the house, if they fail to give reasonable notice you are well within your right to refuse entry, I would start keeping a log of when the agent calls, the frequency of showing etc 5. Now certain state will have case law on the frequency a landlord/ real estate agent can show a place like normal business hours m-f 9 to 5, but that would be an exception

goz1111

One of my leases, as the landlord using a property manager, says that the owner (me) or his/her agent (i.e., property manager) can enter for periodic inspections with notice. The lease also says that within 90 days of the end of the lease term, the owner/agent can bring prospective tenants/buyers through to show the property. That period in between 90 days from end of lease term and beginning of lease term is not expressly called out, so as other responders have already said, check local landlord-tenant law and keep a log of request and feel free to not comply with entry if the requests are unreasonable in their frequency or timing. In most areas, the owner can put the house on the market at any time, but the lease will convey to the new owners who have to honor it. Your other concern should be to make sure the owner is not in default on any mortgage which is forcing them to try and sell. If they are foreclosed upon, in many areas, the lease is nullified and you can be evicted, so if you want to stay and they are in foreclosure, a sale would be more beneficial (and less disruptive for you).

AllCourt

Firstly, is the property managed through an agent or do you deal directly with the Landlord? If you pay your rent to an agency and its a different agent to who the house is being sold through, you need to refer the sales agent to your rental agent, and THEY need to arrange the viewings with you. if the rental agency has passed on your contact details to the sales agency without your permission, you can complain about this. They can give 24 hours written notice of any viewings arranged. and you can re-arrange them should they be inconvenient. Ideally the landlord should be present for the viewings, it is in his interest to be there anyway as it is him selling the house. You are well within your rights to state that a maximum of 4 viewers at a time are sent to your home, and you can turn them away and inform the agency if any more than this turn up. I would not give the agents a key, and ask the landlord whether he has given out his spare key, and if he has without your permission, you can (possibly) have reasonable grounds to change the locks. This is YOUR home (for the time being) and although you have obligations to keep it in "reasonable order" this does not mean you need to hoover everytime a viewing takes place. the onus is on the landlord to discuss this with you if it is something he feels is neccesary.

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