ATTN: VN Attorneys, Landlords and Renters

GoVols817 · 01-26-2008, 08:30 PM

I currently rent my home. We knew my landlord before we moved in and we have an open ended lease with the only requirement being either party has to give a 60 day notice for the lease to be terminated.

1 week ago, my landlord called me, letting me know he was going to put the home on the market to sell. It's not feasible for me to buy it at this time. He has not given me the 60 days notice to leave or anything, just asked for my OK to put a for sale sign in the front yard.

Here's my question and problem. He called me at 8 PM tonight, Saturday, and asked if I minded if he shows the home tomorrow, on Sunday. We have been doing some major work going thru our belongings looking for things to ditch in case of a move, so our house is a little messy. I told him I wasn't comfortable with tomorrow b/c I didn't see us getting it suitable by that time and his response was "these folks are very interested and they may just have to look at it as is".

Here is my question for anyone that has some good knowledge on this. Do I have any rights here? Can he dictate to me when he is going to show the house w/o my permission, or do I not have some say in who comes in my house as long as I'm under a lease and fulfilling my end of said lease?

I would have to think that the landlord can basically come when he deems necessary, but I've never heard of him just being able to come in and bring others whenever he wants. I also don't believe I should be obligated to clean on HIS terms. IMO, if he wants to show the home, he should give me my notice and put the home on the market for show after I move out.

Please, any knowledge or advice will be appreciated.

**kptvol** · 01-26-2008, 08:37 PM

I am not in any of the professions you requested, but if you made the place look crappy/messy as hell, it certainly wouldn't help him sell the place any easier. That might teach him a lesson about giving you fair warning.

**ORANGEBLOOD** · 01-26-2008, 09:00 PM

Quote:

Originally Posted by GoVols817

I currently rent my home. We knew my landlord before we moved in and we have an open ended lease with the only requirement being either party has to give a 60 day notice for the lease to be terminated.

1 week ago, my landlord called me, letting me know he was going to put the home on the market to sell. It's not feasible for me to buy it at this time. He has not given me the 60 days notice to leave or anything, just asked for my OK to put a for sale sign in the front yard.

Here's my question and problem. He called me at 8 PM tonight, Saturday, and asked if I minded if he shows the home tomorrow, on Sunday. We have been doing some major work going thru our belongings looking for things to ditch in case of a move, so our house is a little messy. I told him I wasn't comfortable with tomorrow b/c I didn't see us getting it suitable by that time and his response was "these folks are very interested and they may just have to look at it as is".

Here is my question for anyone that has some good knowledge on this. Do I have any rights here? Can he dictate to me when he is going to show the house w/o my permission, or do I not have some say in who comes in my house as long as I'm under a lease and fulfilling my end of said lease?

I would have to think that the landlord can basically come when he deems necessary, but I've never heard of him just being able to come in and bring others whenever he wants. I also don't believe I should be obligated to clean on HIS terms. IMO, if he wants to show the home, he should give me my notice and put the home on the market for show after I move out.

Please, any knowledge or advice will be appreciated.

I am a landlord. I have been through this just last year. He didnt give you much notice I will admit, but maybe he didnt get much notice either. Maybe your landlord is in financial trouble and needs to sell your house now. If he has an interested buyer then he is probably just trying to accomadate him more than he is trying to be unfair to you. Just a thought.

GoVols817 · 01-26-2008, 09:04 PM

Quote:

Originally Posted by **ORANGEBLOOD**

I am a landlord. I have been through this just last year. He didnt give you much notice I will admit, but maybe he didnt get much notice either. Maybe your landlord is in financial trouble and needs to sell your house now. If he has an interested buyer then he is probably just trying to accomadate him more than he is trying to be unfair to you. Just a thought.

I can assure you, he is in NO financial trouble.

**OWB** · 01-26-2008, 09:05 PM

You gonna set up behind the couch with the .50 cal 817?

GoVols817 · 01-26-2008, 09:08 PM

Quote:

Originally Posted by OWB

You gonna set up behind the couch with the .50 cal 817?

As long as Mason doesn't let anyone shoot me in the back.

volwindy · 01-26-2008, 11:47 PM

I work in the legal industry in the litigation and creditor's rights sector. Now while I don't know exactly what you are dealing with here as far as terms, but I can tell you what I know on a general basis.

--Take a look at your lease agreement, or was all of this oral agreement? It should be written out whether he can come in at any point or not. For instance, I live in an apartment community, while they have apartments to show, if they know someone has aready given them written agreement that they are moving out, they are allowed to show our apartment off to the next next potential renter, more than likely they would just show the vacant one until that person has moved out. My lease is probably more specific than your landlords, but in reality it shouldn't be for protection.
--The thing is, if it is not in a written agreement, or possibly oral depending on your statutes there, he has a right to show off the home, as it is his property, not yours. If he is nice enough, he should be flexible around you, but lets face it, if he thinks he has a chance to sell this home to these people, he is going to try to accomodate the buyers rather than yourself.
--I don't think there is much you can do as far as this goes, but if and when he sells this house, you have your 60 days, and if he does not give that to you, then thats where your rights come into play.

Hope that offers some kind of help!

superdave1984 · 01-27-2008, 12:05 AM

Volwindy is correct. He can show the house whenever he wants unless there is a specific clause in the lease. While you are entitled to 60 days if he sells, all you will be entitled to $$ wise will be the balance of the lease. Which in your case has no time, so you would be entitled to 60 days rent minus the days you were there. A pro-rated 2 months rent. Good luck and try to find a new place ASAP. And next time, get a better lease agreement.

utfantilidie · 01-27-2008, 10:18 AM

I too use to rent out a house or two and this is what I think. He should be happy you are in there renting in the first place by agreeing to such a lease agreement (instead of a six month or a year) making his payment for him. I always did all I could do to please my renters.This guy sounds like a greedy rascal to be honest. Speak with an attorney but I'd think whatever is written in the contract is what will stand up in court. I do wonder, just how big of a mess can your house be in though?

GoVols817 · 01-27-2008, 10:24 AM

Quote:

Originally Posted by utfantilidie

I too use to rent out a house or two and this is what I think. He should be happy you are in there renting in the first place by agreeing to such a lease agreement (instead of a six month or a year) making his payment for him. I always did all I could do to please my renters.This guy sounds like a greedy rascal to be honest. Speak with an attorney but I'd think whatever is written in the contract is what will stand up in court. I do wonder, just how big of a mess can your house be in though?

It's not a huge mess, but I have two kids, and since he told us he's selling, we've been digging thru closets and the attic. We have also been looking at other houses, and with our daily lives, we just haven't kept it immaculate lately. I don't so much think that my house is too messy to show, I'm just not all that comfortable with people coming in the house, when I'm not there.

vol_in_ar · 01-27-2008, 12:28 PM

better stop posting and start cleaning

AlabamaVolunteer · 01-27-2008, 11:37 PM

I was renting a year ago and went through a similar problem of the landlord thinking she could just come and go as she pleased, and be on the property or enter the house if she wanted to. Bottom line is this. You have a contract saying the property is in your possesion as long as you pay rent. The landlord does not have the right to do as they wish. Yes they own it, but it is in your possesion. Like leasing a car. They cannot just come whenever they want and take your car out for a drive. For the landlord to enter your home they have to give you written notice and it has to be for a legitimate reason. Go online and look up renters rights for the state you live in they usually have a "common" list of do's and don'ts. I had to do the same thing last year.

ksushalovesthevols · 01-28-2008, 09:26 PM

Quote:

Originally Posted by GoVols817

I currently rent my home. We knew my landlord before we moved in and we have an open ended lease with the only requirement being either party has to give a 60 day notice for the lease to be terminated.

1 week ago, my landlord called me, letting me know he was going to put the home on the market to sell. It's not feasible for me to buy it at this time. He has not given me the 60 days notice to leave or anything, just asked for my OK to put a for sale sign in the front yard.

Here's my question and problem. He called me at 8 PM tonight, Saturday, and asked if I minded if he shows the home tomorrow, on Sunday. We have been doing some major work going thru our belongings looking for things to ditch in case of a move, so our house is a little messy. I told him I wasn't comfortable with tomorrow b/c I didn't see us getting it suitable by that time and his response was "these folks are very interested and they may just have to look at it as is".

Here is my question for anyone that has some good knowledge on this. Do I have any rights here? Can he dictate to me when he is going to show the house w/o my permission, or do I not have some say in who comes in my house as long as I'm under a lease and fulfilling my end of said lease?

I would have to think that the landlord can basically come when he deems necessary, but I've never heard of him just being able to come in and bring others whenever he wants. I also don't believe I should be obligated to clean on HIS terms. IMO, if he wants to show the home, he should give me my notice and put the home on the market for show after I move out.

Please, any knowledge or advice will be appreciated.

First caveat: While I went to law school, I am not licensed to practice law in Tennessee and nothing in this post ought to be construed as legal advice of any sort.

Second caveat: Although the self-help resources I link to below ought to be helpful, nothing can replace the advice of an attorney who is licensed to practice law in your state. I can tell you from a cursory look at the replies above that they are littered with misinformation and bad advice.

Now for the resources:

http://www.badlandlords.info/tennessee.html this page has links to some government resources and a legal aid, should you require their assistance.

You can also get a basic lanlord-tenant law book at your local mega-book store in the law section. These are helpful, but can be dense and dated, so, once again, seeing a lawyer or a consumer advocate is your best bet.

If you think you can handle it, try reading the applicable lanlord-tenant law in the TN statutes. You should be able to find these by doing a quick google search.