Profile picture for tula3

Renting home but owner wants to sell

Hi, I've been renting a house for 3 years, after the two year lease expired, the owners kept saying that they would bring over a new one but they haven't. I trusted that it was because they've been busy with a new baby, etc., so I figured that I'm on a month to month basis. The owners wants to sell the house, though the house is not officially on the market yet and there is not a listing agreement between the owners and a realtor.

The owners of my home also own the home next door that is officially on the market, and according to the owners, as soon as that home sells then my home will be on the market. I noticed that on the sale brochure of the home next door is written that my home is for sale too, its in small print on the bottom of the brochure. This same information for the home next door and for my residence is also listed on the realtors website.

Well, last week the realtor called me (without my permission, obviously my landlord gave him my phone #) and asked if he could show my home to some perspective buyers on Saturday at 11am and I agreed because I have a decent relationship with my landlord, the owners. The realtor then asked if we could leave the house during that time and I reluctantly agreed. Upon returning home the realtor called again requesting that he show the home again and at that point I said no. I stated that I had to use my home that day and that people entering my home made me feel uncomfortable. He tried to pressure me though I stood firm.

My questions are: 1. Am I obliged to show this home without a listing agreement? 2. Can the owners write in the sale brochure for the house next door that the house I'm living in is for sale too? 3. Do I have the right to refuse a showing? 4. How can I deal with this situation without feeling like I'm the bad person here?
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April 11 2010 - Highland
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Replies (4)

Profile picture for sunnyview
You need to be honest with your landlord and try to work something out that is acceptable to both of you. Showing are hard to deal with when you have no notice. You can ask the landlord to give you a certain amount of notice or ask restrict showings to specific days or times to make it easier. Without a lease, tenancy usually goes to a month to month . Not having a lease does not usually affect your basic tenant rights. You can find the basic rights in Colorado here. Colorado seems to have no set statute of amount of time for notice to enter here, but does require landlords not to infringe on the enjoyment of the property. Denver may also have local housing codes that apply to you.

You sound like a reasonable person. Talk to your landlord and explain that you would like to work with them, but you need to maintain your privacy in this process. Most realtors will be willing to give reasonable notice. You also may want to talk about signing a new lease that can be terminated within 45-60 days upon the acceptance of a contract for sale. That may give you a little bit more heads up that the property is being sold so that you have more time to move instead of the standard 30 days and it gives the landlord piece of mind that you will be willing to move without any trouble. I think it's workable if you talk to them. 
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April 11 2010
Profile picture for wetdawgs
Are you obliged to show without a listing agreement?   Apparently the agent thinks there is a listing agreement.   Renters in CO do have to allow houses to be shown.

Yes, they can write in the sales brochure that your rental house is for sale.  Of course they can!

Do you have the right to refuse a showing?  You can negotiate times, but you can't totally refuse.

How can you deal with this without feeling like a bad person?  Talk with your landlord about coming up with an acceptable solution.    As you have no lease, you may want to tread lightly because the landlord may decide it is easier to sell if you move sooner rather than later.  
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April 12 2010
Sorry to hear about your situation.  The seller has the right to sell his home and unfortunately that isn't convenient for you.  You can grab the bull by the horns however and find another home to rent or, buy a home! 
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April 12 2010
Hi tula3, your owners have the right to sell their property. Often this is not a voluntary choice, so be gentle. Does your original rental agreement specify a time frame, such as 24 hours notice to you, for a third party to enter your rental home. (It appears that there are different rules in different states). While you can't refuse reasonable access to your rental home you can insist on the notice. It might be a good idea for you to check your state laws. Very often owner-managers are not aware of all the rules. I also think the comment by Robert Coy hit the nail on the head. Make the best of this and look at it as an opportunity. Your glass is half full and not half empty.
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April 13 2010
 
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