No Lease Equates to Being Pushed Around?
April 20, 2016 3:44 PM Subscribe
My landlord's bizarre excuses, frenetic energy, and lies are becoming cumbersome. They are attempting to sell my rental, but they want me to stay for as long as it takes to sell it, pay the same amount in rent, and make it available within a span of a few hours every day of the week from 8 AM to 7 PM. I have no lease. Please advise
After 3 years of always paying my landlord on time, and taking great care of the place, they were fine with my request for a month-to-month arrangement instead of a lease. It's now been 7 years that I've lived here, 4 without a lease. I believe this lack of a lease is the excuse they're using to push me around while they attempt to sell it, and would like to know what my options are here. I'm also concerned about what happens to me if it sells, immediately with a cash buyer or after a mortgage goes through.
I received a call the day before the owner listed my place for sale, notifying me that they were going to sell it. The next morning, they requested that I make it available for a showing. So after 7 years of peaceful living, within 12 hours I was being pushed around and told to clean the place, pack up my dog and any sensitive documents and items that I didn't want random people rummaging through, and to get out for an hour mid-day so someone could pick through it. And 'oh, this will happen regularly until it sells, but I don't want you to leave until it does. And I'd like to be able to schedule showings within 2 hours any day of the week from 8 AM to 7 PM. No change in rent, pay as usual.'
As stated, first they demanded to be allowed to show it within a span of 2 hours any day of the week, from 8 AM to 7 PM. I told them that was ridiculous, and that I would need 12 hours notice at minimum before they entered the place or sent someone over (the standard is 24 hours). They then said ok 4 hours. Again I said that was unacceptable, and asked them how I was supposed to make plans to have anyone over, or to take naps, or do anything that normal people do in their homes, if within 4 hours (provided I even received the text or email in a timely manner) I would have to vacate with my belongings and pet in tow. Finally they agreed to giving me 8 hours notice before sending a realtor and potential buyer over, any day of the week, from 8 AM to 7 PM. They have not stuck to this agreed-upon 8 hour notice to show. Instead, they text or call me at all hours of the day, any day of the week that they have a showing, and ask to send people over, sometimes within the span of 2 hours. When I stood my ground during our last phone conversation, they took a very condescending tone with me and proclaimed that, "there isn't a lease, by law you have to allow showings before your lease expires, and we have no lease!"
They seem to think that because we do not have a formal lease, that they can push me around. I'm also wondering what's going to happen if someone does put in an offer, and they close within a matter of weeks. I'm pretty sure I am entitled to a 30 day notice as a tenant, and paying full rent on this place makes me a tenant, even sans-lease.
Background:
When I first moved in, the place was a mess. Numerous large gaping holes in the walls from the owner's son mounting televisions improperly and having to re-drill 3-4 sets of holes in both the living room and bedroom; scuffs and smudges all over the white paint throughout the place; and dirty carpeting in the bedroom. When I requested that the owner at minimum paint the place, they told me that their spouse said no, because they had painting that needed to be done in their own home, and they couldn't even do that. This is considered a luxury rental, so that was unacceptable to me, because the rent reflects the type of rental that this is, and the area it's in. Like everything that followed, I let it slide, and paid to have the walls repaired and painted myself. Then they began requesting rent early, at times a week to two weeks early, always delivering some bizarre story about why they needed to collect it early- once their mother was in the hospital, once they were leaving the state (I actually saw them in town that week, when they were supposed to be out of state), and a slew of other bizarre excuses and lies. I finally had it out with them over the early rent requests, because I was having to make special arrangements to hand-deliver the rent to them when they would ask, because they always needed it 'that day.' I told them that they would be paid on time as always (I always paid them before or on the 1st) and that they needed to leave me alone and quit pestering me. They then left me without heat for a week in the month of October (when temperatures here dip below 40 degrees at night in October), because they didn't want to call a repair man on a weekend and pay extra for that. Then there were issues with the sink leaking and the dishwasher backing up and leaking. Both of those issues took weeks (and an incredibly smelly kitchen) to get resolved. They then ignored me for 6 months about peeling paint in the bathroom, that was causing what I thought was mold to form. I sent them photos, and explained in detail what needed attention, but they ignored me. They then ignored me for 3 months when I requested that they fix a deteriorating shower grout issue, that was definitely going to cause leaks, until I finally demanded that they send someone over to tend to it. The person they sent was not a licensed contractor, and the grout job was a complete and utter mess- globs of solidified grout are still littering the shower, and chunks of 'new' grout fall off weekly because, according to the repair man, 'it has nothing to stick to and the whole thing needs to be re-done.'
Now they are texting and emailing lines like, "I don't think it's going to sell anytime soon. Don't worry about moving," and then the next moment they're calling me about a showing that they'd like to setup.. then texting me again saying that the place won't sell so don't move, and then badgering me again for more showings. I'm really uncomfortable. I'm currently looking for a new place, but I'm hoping that this one doesn't sell before I find one that I would like to move into. I'm also concerned about the timing. I am a tenant, being that I live here and pay the owner full rent to live here, so I don't think that they can just demand that I move on a whim, but because I don't have a formal lease, I'm not sure. I'm also concerned about this pushy behavior and the attitude I keep receiving from this person.. how on Earth do I handle the blatant disrespect of my time? I have to keep this place 'show ready' all the time, pack up my dog, and all of my sensitive documents i.e. checkbook, tax files, everything. I don't know anyone who would continue to pay a large amount in rent whilst being inconvenienced at random and on weekends (sometimes in the morning!) like this. Any input would be much appreciated.
After 3 years of always paying my landlord on time, and taking great care of the place, they were fine with my request for a month-to-month arrangement instead of a lease. It's now been 7 years that I've lived here, 4 without a lease. I believe this lack of a lease is the excuse they're using to push me around while they attempt to sell it, and would like to know what my options are here. I'm also concerned about what happens to me if it sells, immediately with a cash buyer or after a mortgage goes through.
I received a call the day before the owner listed my place for sale, notifying me that they were going to sell it. The next morning, they requested that I make it available for a showing. So after 7 years of peaceful living, within 12 hours I was being pushed around and told to clean the place, pack up my dog and any sensitive documents and items that I didn't want random people rummaging through, and to get out for an hour mid-day so someone could pick through it. And 'oh, this will happen regularly until it sells, but I don't want you to leave until it does. And I'd like to be able to schedule showings within 2 hours any day of the week from 8 AM to 7 PM. No change in rent, pay as usual.'
As stated, first they demanded to be allowed to show it within a span of 2 hours any day of the week, from 8 AM to 7 PM. I told them that was ridiculous, and that I would need 12 hours notice at minimum before they entered the place or sent someone over (the standard is 24 hours). They then said ok 4 hours. Again I said that was unacceptable, and asked them how I was supposed to make plans to have anyone over, or to take naps, or do anything that normal people do in their homes, if within 4 hours (provided I even received the text or email in a timely manner) I would have to vacate with my belongings and pet in tow. Finally they agreed to giving me 8 hours notice before sending a realtor and potential buyer over, any day of the week, from 8 AM to 7 PM. They have not stuck to this agreed-upon 8 hour notice to show. Instead, they text or call me at all hours of the day, any day of the week that they have a showing, and ask to send people over, sometimes within the span of 2 hours. When I stood my ground during our last phone conversation, they took a very condescending tone with me and proclaimed that, "there isn't a lease, by law you have to allow showings before your lease expires, and we have no lease!"
They seem to think that because we do not have a formal lease, that they can push me around. I'm also wondering what's going to happen if someone does put in an offer, and they close within a matter of weeks. I'm pretty sure I am entitled to a 30 day notice as a tenant, and paying full rent on this place makes me a tenant, even sans-lease.
Background:
When I first moved in, the place was a mess. Numerous large gaping holes in the walls from the owner's son mounting televisions improperly and having to re-drill 3-4 sets of holes in both the living room and bedroom; scuffs and smudges all over the white paint throughout the place; and dirty carpeting in the bedroom. When I requested that the owner at minimum paint the place, they told me that their spouse said no, because they had painting that needed to be done in their own home, and they couldn't even do that. This is considered a luxury rental, so that was unacceptable to me, because the rent reflects the type of rental that this is, and the area it's in. Like everything that followed, I let it slide, and paid to have the walls repaired and painted myself. Then they began requesting rent early, at times a week to two weeks early, always delivering some bizarre story about why they needed to collect it early- once their mother was in the hospital, once they were leaving the state (I actually saw them in town that week, when they were supposed to be out of state), and a slew of other bizarre excuses and lies. I finally had it out with them over the early rent requests, because I was having to make special arrangements to hand-deliver the rent to them when they would ask, because they always needed it 'that day.' I told them that they would be paid on time as always (I always paid them before or on the 1st) and that they needed to leave me alone and quit pestering me. They then left me without heat for a week in the month of October (when temperatures here dip below 40 degrees at night in October), because they didn't want to call a repair man on a weekend and pay extra for that. Then there were issues with the sink leaking and the dishwasher backing up and leaking. Both of those issues took weeks (and an incredibly smelly kitchen) to get resolved. They then ignored me for 6 months about peeling paint in the bathroom, that was causing what I thought was mold to form. I sent them photos, and explained in detail what needed attention, but they ignored me. They then ignored me for 3 months when I requested that they fix a deteriorating shower grout issue, that was definitely going to cause leaks, until I finally demanded that they send someone over to tend to it. The person they sent was not a licensed contractor, and the grout job was a complete and utter mess- globs of solidified grout are still littering the shower, and chunks of 'new' grout fall off weekly because, according to the repair man, 'it has nothing to stick to and the whole thing needs to be re-done.'
Now they are texting and emailing lines like, "I don't think it's going to sell anytime soon. Don't worry about moving," and then the next moment they're calling me about a showing that they'd like to setup.. then texting me again saying that the place won't sell so don't move, and then badgering me again for more showings. I'm really uncomfortable. I'm currently looking for a new place, but I'm hoping that this one doesn't sell before I find one that I would like to move into. I'm also concerned about the timing. I am a tenant, being that I live here and pay the owner full rent to live here, so I don't think that they can just demand that I move on a whim, but because I don't have a formal lease, I'm not sure. I'm also concerned about this pushy behavior and the attitude I keep receiving from this person.. how on Earth do I handle the blatant disrespect of my time? I have to keep this place 'show ready' all the time, pack up my dog, and all of my sensitive documents i.e. checkbook, tax files, everything. I don't know anyone who would continue to pay a large amount in rent whilst being inconvenienced at random and on weekends (sometimes in the morning!) like this. Any input would be much appreciated.
This post was deleted for the following reason: Poster's request -- restless_nomad
We need to know where you are to give you advice, but generally, you have rights as a tenant, regardless of whether or not you have a lease. What those rights are will depend on where you are located.
posted by purple_bird at 3:56 PM on April 20, 2016
posted by purple_bird at 3:56 PM on April 20, 2016
In addition to asking here, I would google "tenant rights" and your city and/or state if in the US. Usually there is a tenant's rights organization that you consult more detailed advice on these issues. There are also a number of websites and books (e.g. NOLO press) on this topic - some targeting landlords and some for tenants.
That said, your landlord's past behavior has shown that they will demand whatever seems like it is in their best interest - they aren't interested in being reasonable.
With this in mind, you agreed to vacate if they gave you 12 hours notice. So, next time they call with less notice, tell them that no, you will not have time to clean up the house and you and the dog may or may not be home at that time. If they ask to show it at particularly unreasonable time, just say "No, that's not possible" They aren't going to evict you over that - they want your rent money until the place sells. They may still walk on you without your permission - hard to stop even if it is illegal but in those cases you don't need to do anything to make it easier on them. They will quickly figure out that if they want to make a good impression buyers, they need to give you reasonable notice.
posted by metahawk at 4:05 PM on April 20, 2016 [1 favorite]
That said, your landlord's past behavior has shown that they will demand whatever seems like it is in their best interest - they aren't interested in being reasonable.
With this in mind, you agreed to vacate if they gave you 12 hours notice. So, next time they call with less notice, tell them that no, you will not have time to clean up the house and you and the dog may or may not be home at that time. If they ask to show it at particularly unreasonable time, just say "No, that's not possible" They aren't going to evict you over that - they want your rent money until the place sells. They may still walk on you without your permission - hard to stop even if it is illegal but in those cases you don't need to do anything to make it easier on them. They will quickly figure out that if they want to make a good impression buyers, they need to give you reasonable notice.
posted by metahawk at 4:05 PM on April 20, 2016 [1 favorite]
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One thing that is probably not required anywhere is for you to clean up or leave before these showings. If you want to hang around your own messy home in your PJs, that's your right. BUT....then the question is can the landlord just throw you out for no reason (or because you're hanging around your messy home in your PJs). The answer to that will depend on the laws wherever you are.
posted by If only I had a penguin... at 3:50 PM on April 20, 2016 [2 favorites]