Questions for realtor when you're renting a home going up on the market?
January 20, 2011 7:46 AM   Subscribe

What questions should we ask the realtor who will be selling the house we are renting?

Our landlord is putting our townhouse on the market in what will almost certainly be a short sale. Our rent covers the mortgage, but poor investments elsewhere mean that this property will be going up for sale. Because of other similar properties for sale in the area, including newly built town homes in the same community selling for significantly less (60-70k less) than he owes on this property, we doubt many people will be interested at first. However, we want to minimize our inconvenience, especially with showings. Also, we do not want to continue to rent after the end of our lease this summer, and would be willing to renegotiate the end of our lease if we found a home for ourselves before the lease ends.

What questions should we ask the realtor when we meet with him? Our lease specifies 48 hours notice before the landlord visits. Can we ask for 48 hours notice for showings? Can we ask that one of us be in the home (unobtrusively, of course) when showing? (We have a cat who isn’t fond of strangers.) Ideally, we would prefer that the realtor not even have a key. Is that possible? We are a shoes-off home and prefer not to be cleaning up after people tracking in snow/salt/dirt/pee from public restrooms. Can we ask about shoe removal for showings or somehow encourage it? (Yes, I know about the recent contentious thread about this…I imagine it’s even more problematic in real estate showings, but we really don’t want salt on our living room rugs or pee-shoes in our bedroom.) What else should we ask/negotiate that we aren't thinking about?

We are model tenants (mature, professional, etc.) and always keep the home neat and tidy (with the exception of a small office that is slightly less tidy), so we aren’t trying to make this more difficult for our landlord. We’re just trying to make this process as least invasive as possible for us, and since the landlord is out of the country, he’s leaving the discussions about these things with the realtor to us.
posted by BlooPen to Home & Garden (19 answers total) 2 users marked this as a favorite
 
Asking for removal of shoes is going to be more than most real estate agents will oblige, and frankly--do you really want fungus-filled bare feet of total strangers on your floors? Rugs and floors can be cleaned.

I've been in this situation, and I made sure I was home when the agent brought someone in. 48 hours notice might be tricky, but I'd certainly ask for it. And if there's an Open House, you might want to move your kitty off-site.
posted by Ideefixe at 7:52 AM on January 20, 2011 [1 favorite]


Asking for removal of shoes is going to be more than most real estate agents will oblige

I don't know about that - 95% of the homes I've looked at in the past couple of years on the market... the agents put a sign up asking people to take off shoes.
posted by kingbenny at 7:53 AM on January 20, 2011


We've been in the house-showing situation before with pets and all that. If there is any way that they can wait to show it until after you move out, that'd be best.

I don't like being there because it makes for an awkward situation for all. People want to freely say "Oh my god... why would you put a bed against that wall? We would totally put it on the other wall."

We asked if it would be possible to have one long open house rather than multiple visits (which sort of worked and sort of didn't) and we dictated the date and time of the open house.

I think that 48 hours notice is fair.

We had the kitties in the back bedroom with a sign on the door "open slowly, unfriendly cat inside"

I'd also say to your landlord/relator "Look, we want you to sell the house, but showings put us out quite a bit - we have to clean the house, lock up the cat, blah blah blah." They understand.
posted by k8t at 8:04 AM on January 20, 2011


Also, we do not want to continue to rent after the end of our lease this summer, and would be willing to renegotiate the end of our lease if we found a home for ourselves before the lease ends.

So it sounds like maybe you're trying to buy rather than move to another rental? If that's the case, consider the many uncertainties involved with purchasing a home, and the possibility that you may actually end up needing to extend your lease for a month or two if there's some delay with closing/moving. In which case it behooves you to be as accommodating as possible to the realtor, because it's a fair bet he thinks he can get a better offer by showing it empty or "staged" than with you living in it.

If your plan is to find a new rental and you're 100% sure you'll be out by the end of your lease, though, then you should ask for whatever conditions you want; the worst he can say is no.
posted by staggernation at 8:16 AM on January 20, 2011


I've been on both sides of the house-showing recently, and I agree with k8t that being present for the showing is awkward. Whenever we were shown a house with the tenants present, we always hurried through the visit because we felt like we were inconveniencing them. And when people came to our place, sometimes they would make comments I'd rather not have heard (For example, one woman took a look at my lovely, clean, caged and tidy pet rats and said "EWW," while I was right there.)
posted by illenion at 8:18 AM on January 20, 2011


What state are you in? There are laws covering your rights--and your landlord's--in these circumstances. You may also be entitled to compensation.
posted by carmicha at 9:09 AM on January 20, 2011 [1 favorite]


If the lease says 48hr notice, I'd say that applies to the landlord's agent as well. It would if the landlord was selling By-Owner. Frankly, in the "ask for more than you want so you can compromise to what you need" department, you might as well ask for them to supply a housekeeper before and after every showing.
posted by rhizome at 9:17 AM on January 20, 2011


How about getting a box of disposable shoe covers?
posted by elsietheeel at 9:19 AM on January 20, 2011 [1 favorite]


I've been in this situation, and if I remember right, we were supposed to get 24 hours notice before a showing. We hardly ever really got that long. The thing is, buyers meet with their agents, and the agents suggest your place, and they want to go see it asap... this might be different with a short sale. Our rental was shown every day while we were gone at work. We basically had to consider ourselves "on notice" all the time, although the vast majority of agents gave us as much notice as possible.

If shoe removal doesn't work, could the agent leave a box of disposable booties in your entryway? I've seen this for model show houses.

Regarding the agent not having a key - if many agents will be showing your place (buyers' agents as well as the listing agent) there will probably be a lock box attached to your door. All the agents will have a key to the lockbox, and the house key is inside. You could probably remove the lockbox temporarily if one of the agents was abusing the X hours of notice rule. In fact, I would recommend taking it down if you are home alone but in the shower. (That's a story I won't tell, but you get where I am coming from.)

My shy cat was completely freaked out by having strange people over all the time. Be sure to create some safe hiding places for your cat.

The realtor will probably try his/her best to be accomodating of you since the ability to sell depends partly on your cooperation in terms of keeping the place looking nice.
posted by Knowyournuts at 9:21 AM on January 20, 2011


As a former realtor, I would suggest providing a small basket of booties at the front door, the kind worn in hospitals. People put them on over their shoes and they can be used several times. People put them back in the basket as they leave. Your realtor can cover the cost or you can. I dislike being asked to take my shoes off and this is a good compromise.

Forty-eight hours notice is doable but as a realtor I would ask for 24 hours though you don't have to agree but you do have to be reasonable. I suggest putting the cat in a carrier for the showings. A meowing cat in a carrier is better than one scared under a bed, darting around, or that escapes.

It's very awkward showing property with owners or renters present. If you want to be helpful, don't be there. As for the key, a work around is to have a coded key box that you put out for the realtor prior to showings. You can get one from any hardware store. You tell the realtor where it will be located and the code. You keep it unless there is a showing scheduled. Otherwise, the landlord can provide realtor a key, which they can't use unless you've agreed to the showing.

Put away valuables including jewelry (obviously) but also medications and expensive makeup. It doesn't have to be locked up but put where no one has any business looking, a box under the bed or in a closet corner.
posted by shoesietart at 9:43 AM on January 20, 2011 [1 favorite]


Asking for removal of shoes is going to be more than most real estate agents will oblige

I think this may depend on the market. There have been questions on AskMe and posts on MeFi detailing the taking off of shoes in various cultures and locations. Here in Minnesota, especially in winter, you're likely to be expected to take off your shoes when entering somebody else's house, especially as a stranger.

Actually answering your question, I have lived in a few places where the landlord was showing it for sale or rent. It's a pain, but part of renting. I'd say the 48 hour rule sounds pretty reasonable in this case. I am also a landlord and if I'm going anywhere near the townhome I own, I give 24 hours notice and expect that I won't be there for 48 hours (unless necessary) because that's just good manners and good business.

I should also add that I once rented in a college town and the landlord came in 3 months ahead of the lease ending, unannounced, and showed the apartment. My bedroom was a disaster and he threatened to kick me out, not due to damage or improper use or anything, but because he couldn't show the house. I would've been thrilled to clean things up if I knew he was coming. My point in this rambling paragraph is that if the landlord gives adequate warning, the tenants should give adequate attention.
posted by Clinging to the Wreckage at 11:52 AM on January 20, 2011


I'm not sure where you live, but you might want to talk with a lawyer. I'm not sure of the legalities on this, but I have often seen short sale listings that require 48 hours notice and some listings even say the property can't be shown until a certain date (when the current tenent's lease allows).

I would find it somewhat uncomfortable to remain in the house while it was being shown, but I think you should if possible. The idea of strangers walking through my house freaks me out, not knowing what they touched, etc.

If you wanted to be a total jerk about it, you could get a large clear jar and fill it with insects. Set it right by the front door. Showings would quickly become infrequent.
posted by parakeetdog at 1:35 PM on January 20, 2011


You have an apartment and a lease, and this is a significant imposition. Talk to the owner and realtor about how they will manage the imposition so as not to unreasonably inconvenience you. I'd ask them to have someone clean before showings, or clean regularly, so that the place is clean for showings. I'd ask for a cat crate so the cat can be kept out of the way. I used to be a landlord, and gave tenants a break on rent because of the inconvenience of their home being shown.
posted by theora55 at 3:14 PM on January 20, 2011


In NYC, the law is that the landlord or his agents may enter only, "at an agreed upon time for an agreed upon purpose."

So I would think you can agree to times when you are home. I know several real estate agents, and they tell me little pilferings are the norm if unchecked. Things like a bar of high quality soap.
posted by StickyCarpet at 3:40 PM on January 20, 2011


While I understand the people saying "it's awkward having the tenant standing around during showings" - we were in your situation, we left the realtor unattended to "show some people through" and "take some newer photos for the listing" and she literally REARRANGED. OUR. FURNITURE. And I'm talking antique stuff from my great-grandmother. So, yeah: set some clear boundaries. This isn't a model home styled for a magazine shoot, it's your house for as long as you've got the lease. If they want it professionally cleaned, they can pay for it (including any wear on the carpet from their shoes). And stick around for the first few inspections to make sure you're happy with how the agent in conducting their business. Your contents insurance also likely doesn't cover theft from people invited into your home, so tell the agent you're there for security reasons if need be.
posted by jaynewould at 5:11 PM on January 20, 2011 [1 favorite]


Best answer: Other considerations:

- Are you ok with a 1-5 pm or a 10 am - noon open house every Sunday?
- Once someone has an offer accepted and wants to start bringing inspectors, appraisers, and potential contractors to visit, do they also have to give 48 hours notice? (You will need your landlord's agent to negotiate this with the buyer's agent or put it in the listing, as this is something the buyer will need to know before writing their offer (because offers also specify timelines).)
- Will this agent always be at showings? Can a buyer's agent just get the key box code from the MLS? (A lot of vacant and foreclosed houses work that way.)
- How much notice do you need to move out? If a buyer said to the owner, "here's $500k cash, let's close this deal tomorrow!" you would want the owner's agent to know what to tell them about your tenancy. You might remind them that your lease is up [when?], and that you would [?] consider moving out at an earlier date if you received [how many?] days notice and [how many] dollars to cover your moving costs. What about once you're month-to-month? Or will they try to have you leave at that point?
- Make sure your security deposit doesn't get lost in the shuffle.
posted by slidell at 10:13 PM on January 20, 2011 [1 favorite]


Best answer: I was renting a flat (in Australia) when the real estate agent told me that the owner was selling it. This really inconvenienced me, as I was busy packing for an interstate move.

I phoned my local Tenants Advice organisation, and they told me that there were limitations on when and how the real estate agent could show the flat, based both on my lease and the tenancy legislation.

They advised me:

1) Never allow a 'home open', only 2 people + real estate agent at a time by appointment;

2) For safety/damage reasons, you are able to request that no one under 12 years old attends a viewing appointment;

3) Always be home during inspections if you can, to avoid theft;

4) You are under no obligation to specially clean up before an inspection (if they want this, they should pay for a professional cleaner), but it is a good idea to tidy your things away so that they don't get damaged.

So, maybe read your lease, and talk to your local tenants rights organisation? ^_^

I sent my real estate agent a very polite letter, advising them of my rights under the lease.

Initially, I got back a very cross letter, and then they decided it would be easier for them to wait until after I had moved out to show the place.

While not the result I had been seeking (I just wanted the basic consideration I was legally entitled to), this was still a huge win for me, so it made me really happy - no juggling packing during home opens.
posted by Hot buttered sockpuppets at 1:33 AM on January 21, 2011 [1 favorite]


Hot buttered sockpuppets has it exactly right (and reading that little case history, I suspect we may have experienced the same realtor...except mine wanted to hold an open house when my boyfriend was on bed rest the day after having his appendix out. Oh yes.). Your local tenants' advocacy group is going to have dealt with enough complaints that they probably know just what inconvenient things realtors do that are within your rights to say "no" to. Definitely ask their advice, they've probably got questions to ask your landlord/realtor that nobody here has thought of!
posted by jaynewould at 4:54 AM on January 21, 2011


Response by poster: Thanks all for your excellent suggestions. Your experiences and advice helped us have a productive conversation with the realtor. Thanks, too, to those who recommended legal advice. However, our relationship with our landlord is not at all contentious or discourteous, and we're primarily looking for the best solutions for everyone without overly inconveniencing ourselves. That's something we'll keep in mind if the situation changes, though.

The realtor has agreed to the shoes off thing (it's winter and not an unusual request in our area) and 24 (minimum)-48 (ideal) hours notice. We used the cat as an excuse to be here during showings (and no key box), but we have 3 levels and will be able to be unobtrusive (including kitty, who is an expert hider when people come over).
posted by BlooPen at 9:05 PM on January 22, 2011 [1 favorite]


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