Profile picture for 777evangelist77dlj

during a sale of property what are tenants rights

what rights do the tenant have during a sale which involve entrance to unit of property without a 24 hr notice and the landlord entered the premises prior years been at the resident for 9yrs now they want to sale and tenant refuse to give set of keys to owner/landlord they threaten to evict and to lockout and rent been paid spoke w/realtor stated that they would obliged the time of convience but owner still stated he wants a set of keys for entrance in a lockbox what rights do a tenant have
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June 29 2010 - Sparks
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Your post is a little hard to make at, but in most leases the owner has the right to inspect the property with 24-hours notice.  The owner is not entitled to a key to the property.  You will need to allow access and if the property is sold the new owner will take over the lease, but assuming you have long term lease you will still occupy the property under the same terms.  If you have a month to month lease you may want to prepare yourself for a possible move.

Simon Mills
Mills Realty
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June 29 2010
Profile picture for Mr Caveat
you have the same rights as a tenant that you have under all other circumstances. the landlord cannot break your lease, violate your privacy, or evict you (unless your lease is up or you break the lease with him) because he is selling, because of financial hardship or any other reason.

that said, if he is serious about selling or the property is delinquent, chances are high that he will sell the property before you can pursue any legal action. if you intend on doing anything, contact the police and file a report every single time he violates your rights by breaking and entering. you might be able to get at least a couple month's rent and moving expenses in small claims.
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June 29 2010

Your lease agreement is the key to this question--do you have one?   The term (as in length--is it annual?) of the lease dictates how much time you have guaranteed in the property.  If you do not have a lease agreement and the property is on the market, it would seem to be wasted energy to fight access with notice.

Your landlord does have the right to access with 24 hours' notice--if you refuse without good reason, the landlord may have grounds to evict.  Is it really worth it?

Check the Landlord Tenant Laws for your state: http://www.leg.state.nv.us/NRS/NRS-118A.html

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June 30 2010
While there are some commonalities in real estate law across states, there are also many differences.

I am not a real estate lawyer, but I believe that in Texas a landlord is allowed to have a set of keys to all spaces and also has a right to reasonably enter any premise for cause and without notice.

I believe that during a normal sale, the lease survives the sale and must be honored by lessee and lessor.  During a foreclosure sale any leases
become void and tenants become tenants at will and are not entitled to notice to vacate minimum days.

Many banks and Fannie Mae often offer Cash For Keys (CFK) for the tenant to move out, leave the property broom clean, and hand over keys.

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June 30 2010
The most important thing, is to read your agreement between you and your landlord. Although leases are different, they should all spell out the tenants as well as the landlords rights. If you have a question about it, contact the state attorney generals office for help. Also attorney's will often give you a little advise over the phone.
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July 05 2010
Profile picture for sunnyview
Landlords do not have the right to enter at will without notice except in cases of emergency repairs, fire etc. They cannot infringe upon your rights to enjoy the property that you rented and they cannot give open showings with a lock box without giving reasonable notice to you. The definition of "reasonable notice" varies from state to state but in Nevada "A Landlord has the right to enter the premises at reasonable times to inspect, maintain, and show the premises. Except in the case of emergency, a landlord must gain permission from the tenant in order to enter." A lockbox is not automatic permission to enter either.

Basic tenant laws for Nevada are here. I would refuse the lockbox without a written agreement about notice for showings. You have to give the landlord a copy of the current key or you are in breach of the lease yourself. If the landlord enters without reasonable notice and without your permission, send them a registered letter for breaching the lease and take them to court.
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July 05 2010
Profile picture for agcelian1017
Question? I have a sick child at home today, my landlord contained to give less than 24 hours notices. I asked if she can please reschedule for the next day or so and her replied is the other party said no. what can I do.
Also, it is not stated in our lease that she will put her home uo for sale while we are living in the home.
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July 09 2013
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July 09 2013
Please use PUNCTUATION as it is very difficult to grasp what you are asking.
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July 09 2013
Profile picture for sunnyview
@agcelian1017, They can show the property with notice even if your child is sick. I think asking them to wait a day is reasonable, but you can't insist. However, don't clean or pick anything up before they come and encourage your child to lounge anywhere they want without moving an inch for the showing.

Make sure to tell the agent that comes to the door for the showing that your child is highly contagious and that you will not be responsible if they get their infection. The agent has right to know that you attempted to protect them from illness, but if they insisted then you have no obligation to make it sunshine and roses at your child's expense. It is about being reasonable on both sides.
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July 09 2013
Profile picture for sxyislander1970
I just moved into a renal property and received an email from my landlord stating the prorpery is going up for sale. If the property is sold and the new owners do not want to fullfill my lease agreement, what are my rights? Do they have to buy me out of my lease. ( I have a year lease. From 7/2013 - 6-2014). If I found another renal property and would like to move in to the new place ASAP, am I still responsible and own my landlord the remaining rent to full lease agreement? I am located in Southern Cal.
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November 13 2013
Profile picture for wetdawgs

@sxyislander1970:   Your lease conveys with the property sale and the new owner is responsible for the same terms and conditions.  If you wish to move and break the lease, you still have all the financial obligations of the lease.   Here's a link to the CA landlord/tenant guide (see page 47 as printed on the page, not the electronic 47)

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November 13 2013
Profile picture for sxyislander1970
If the new owners wishing to move in ASAP, what happens to my lease and who would be obligated to fullfill that lease agreement
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November 13 2013
Profile picture for wetdawgs
If the new owners wish to move in ASAP, then it puts you (the tenant) in a position of power to negotiate financial assistance with moving and breaking the lease without penalty.   However, the general guidance is that the lease survives the sale so that if the tenant wants to break the lease then the tenant is still responsible for the terms of the lease.
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November 13 2013
Profile picture for sxyislander1970
Thank you so much!! This helps a lot:-) Can I legally remove the for sale sign off my yard if I feel its an eyesore?
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November 13 2013
Profile picture for wetdawgs
No, you cannot remove the "for sale" sign from the property.     The property still belongs to the landlord and the landlord has the right to sell the property.

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November 13 2013
Profile picture for sxyislander1970

I found this infomation online. Please tell me if it legal: "because you have the right to possession, you have the right to remove the real estate sign from the front lawn [absent a rare express prohibition of that, in the rental agreement]. It is your lawn, while you are a tenant, and the sign is not a repair or improvement. It is an eyesore, and you don't have to tolerate it. The Agent will say that you have no right to take down their sign, and you can tell them that you will not only remove the sign but sue the real estate company for trespass for putting it up in the first place, as well as sue the agent who tells you that."
"

When you rent the house, you "buy" the exclusive right to possession of it by paying rent. The landlord still has title, and he can use the property as security for a loan, trade it, and improve it; but, he can't come in whenever he wants. That is, by renting, the landlord has sold you his right to possession. The landlord or his agents coming onto your property without your consent is a trespass. The only exception to this is where the landlord or his agents follows the procedures of Civil Code 1954 [see below]. As a result, you have the upper hand, and both the landlord and the real estate agents are at your mercy."

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November 13 2013
Profile picture for wetdawgs
It would be to your benefit to stick the the official CA Landlord/Tenant guide. and call the numbers provided within that guide if you have issues. Please see p 33 (and following) for information on when a landlord can enter the property.   Please note it includes showing for sale.  

What you've quoted, without a source, contradicts the guide linked above.   Be very careful of what you find on the internet, there are lots of very angry people writing a lot of garbage that contradicts a number of laws.    Go to sources such as my link to an official CA site for a reality check.  I cannot provide legal advice, nor can anyone else on this site even if they are qualified as an attorney. 

It appears you concerned about the landlord selling the place you are renting   I would also find it rather inconvenient if I were in the same situation.    If you approach it carefully and creatively knowing your rights (from bonafide sources), you should be fine. 
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November 13 2013
Profile picture for sxyislander1970
Thank you so much!!! I will stick to the office CA Landlord/Tenant guide.
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November 13 2013
Profile picture for wetdawgs
Good luck. 
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November 13 2013
 
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