Expert: liznarr - 1/7/2008

Question
Hello  I have lived in utah (Salt Lake City)-Renting a 2 family home for abut a
1/2 years. House has been put up for sale by landlord,what rights do we have
concerning when the real estate can access the apartment and show it? And
how long do we have to move. also can they just show up unexpected with
the landlord or do we have to be here too. How about an "open-house"-we
love our privacy and don't want to be putting our time aside any time they
just want to show up.I thank you.  Robin

Answer
Hi Robin,

I do not specialize in Property Management, but I do know that your landlord does have the right to sell your apartment and show it, but the landlord cannot simply show up and enter your home anytime he/she wants to … especially after-hours.

Any binding Lease you have currently cannot -- by law -- be changed, voided, or terminated due to a sale – unless you agree to do so.  A legally-binding Lease conveys WITH a sale.  If your lease does not expire, say, until August 31, 2008, and the apartment sells and closes on March 25, 2008, the new owner has to honor any lease in effect at the time of the sale with NO changes being made.

Different states can have different laws, so I would suggest that you call the Utah Real Estate Commission and ask some pointed questions regarding the showing of your unit and what rights YOU have versus the rights of the property owner.  They would be able to also answer your question about an open house, because I am not familiar with Utah real estate law.  

If you put your thinking cap on, there are numerous ways to deter an owner from “wanting” to do an open house in an occupied apartment, even if he/she were to have a legal right to do so.

The Utah Division of Real Estate web address is http://realestate.utah.gov and their telephone number shown online is (801) 530-6747.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth