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culpfamilyof5 | Our landlord put the house up for sale, is our lease void? |
We live in Indiana ...
A few months ago, our landlord put the house up for sale. We are having to show the house all hours of the day ... they *usually* give 24 hours notice, which is what I understand is the law. (one time it was w/o ANY notice and we came home to strangers walking in our house!)
But this can't be right! .. can it? Our lease does state that she can give up 24 hour notice for an inspection ... By her thinking, she can show it 5 days a week, 3 times a day! .... but the lease states that SHE will do it ... and doesn't ever say other people will be with her.
I have been googling to find out the laws and can't find anything ...
I have a home business to run, a home to maintain and my three babies to take care of (who need naps everyday!!) ....
Can someone please help me out with their knowledge of the law?
Our landlord is running our lives!!
Thanks!!
Jenn
Additional Details
I didn't make something clear ... and I got some snooty comments ...
The lease states 24 hour notice for an inspection of the property. it states that SHE will be inspecting it. It doesn't say about any other ppl being present. That's not talking about 'showing the property' but to simply inspect the property, like the furnace, toilets, electral and such. That's what I was talking about in the second paragraph.
My question has been answered, unless the majortity is incorrect and I'm doubting that.
From what I see, most of the ppl that are responding are either real estate agents or landlords..... so it seems like that I am getting what the law states. For that I thank you.
It does seem to me that tenants do not have any rights. If you were in my situation with three children under the age of three, and a home business to run, that ppl coming into the home and causing this inconvenience in our lives .... would that seem fair to you? Having to have this apart of your DAILY lives? |
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Landlord
|
She has every right to show and sell her property. Your lease is not effected. |
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LE
 |
Yes, she can show it as long as she gives you 24hrs notice. If it is happening so much, you are losing your "peaceable enjoyment" of the rental, then I'd work something out with her. Its in her best interest to work with you. If not, you could keep the house messy whenever she comes over and complain about repairs whenever people come over. |
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Jimmy
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Jenn- I would review your lease and you are protected for the term of the lease. Perhaps you and the landlord can agree on showing times such as 10 am to 3:00 pm Mon -Friday with an appointment this will give you both set times for your family and her showing to a prospective buyer again subject to the lease. Good Luck |
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wolfie j
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She may legally be allowed to show the house but She does, however, have to give you 24 hours notice. If you come home and she is in your home without notification you can sue her.
Look online in your area for tenant advocacy groups who can help you out.
http://www.tenantslegalcenter.com/html/national_and_global.html
http://www.bennettlaw.com/
this one is more geared to fighting eviction but they do know the laws so you should probably give them a call
http://www.law.indiana.edu/students/groups/tap/index.shtml |
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godged
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Jenn - unfortunately for you, the landlord can show and sell the property at any time as long as proper notification is given. 24 hours is typical, but you will have to look at your lease for any details regarding showing the property.
Of course she is going to have people with her, they are prospective buyers I would assume.
If you are receiving notice, you can dictate when the showing occur. If you aren't receiving notice, notify your landlord that you didn't receive notice and you expect it.
Your lease isn't effected. The new owners will have to grant your tenant's rights or start the eviction process when they take possession. |
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kimmamarie
|
Ok, I am a bit confused. You say SHE shows it and doesnt say other people will be with her. Is she selling it to ghosts? Of course the "other people" will be with her. She is selling the house and the prospective buyers want to see it. I am sorry I sound smart a$$, but that statement makes no sense at all.
Have her stick to the 24 hour notice PER APPOINTMENT. Not all day. She can legally show it from 8am to 8pm (in most states). Your best bet is to talk to her. Explain that you dont mind once a day around a certain time, but not off and on, due to the kids. But she can, with notice, show it 7 days a week. As long as she gives notice, you cannot stop her. See if you can come to some type of agreement as to hours and of course maybe even certain days.
I let my tenants know if I am showing my property and try to work around their schedule. I also ask my tenants to be allowed to show it every other Saturday, between Noon and 5pm. I know it disrupts kids schedules and try not to impose on my tenants anymore than I have to. But I am also trying to sell my home, so if I get alot of flack from a tenant, I give them my 24 hr notice and show it anyway. But most of them work with me. Try working out a schedule with her.
Unfortunately, it may not work either. Depends on how nice she is.
Does this void your lease. NO. |
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reenzz
 |
The law states landlord or landlords agent may show the property with proper notice. They do not need your permission...they only need to notify you of their intent to enter. |
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envision_man
|
Your lease will not be affected, nor the terms of the lease. Make sure you sign an 'Estoppel Certificate' before they buy... this document will make sure the new owner is 100% aware of what your rent payments are, what your deposit is, and any other terms that you want to make sure they are aware of. For example, if the shower always leaks, make sure you include that in the estoppel certificate. That way the Buyer is aware of the issue up front, even if the Seller does not disclose it. Or if the Owner 'told' you that they would give you a second year extension for the same rate as year 1, make sure you mention that as well.
But don't worry.... your existing lease will be protected, as long as you signed a lease to begin with.
Regarding showing the house... you are not required to keep the house clean, or even be there to open it up (if you submit to a lockbox being placed on the house). As long as you don't leave valuables out in the open, you should be okay. Don't do any extra cleaning on their behalf. Don't adjust your hours... if you are gone, tell the Owner that they will need to open the house (again, as long as they have a key). It is not your responsibility to be a tour guide... just provide access.
Good luck. Don't forget to ask for an estoppel certificate (or find one online and fill it out yourself, and give it to the Landlord). Many sellers are not aware of this procedure, and the people who get screwed the most are the tenant and buyer. |
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Greyeagle
 |
You could talk to a Realtor,they should be up to date on these type laws,and they won't charge you for the information!Good=Luck! |
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