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You are here: Experts > Shopping > Home Buying/Selling > Buying or Selling a Home > Owners not renewing lease, short sale
Expert: Lori Frankfort - 11/6/2009
Question
We've been leasing this house for 3 years, lease ended Oct 31. Around the beginning of October, we got wind that the house may be going into foreclosure, so we called the owner about renewing our lease. He put us off, which made us more suspicious. The last week of October, we again called, the property managemer this time, and he told us the owners used the house as collateral for another loan (they are builders) and haven't kept up with the loan, so they want to do a short sale, but wanted us to stay in the home on a month to month basis, and show the home for however long it takes. Then we would get 60 days notice when it sold, at which time we would have to move.
We told them thank you, but no. We didn't see the benefit in our continuing to pay them rent, which they aren't applying to the loan, and have to let people view our home. They didn't want to reduce rent to make it at all palatable to us, so we found another house to lease, and gave 30 days notice (only 2 weeks are required, according to our lease) Today, the property manager called wanting to put a lock box on the house next week, and start showing it! We said no, that is exactly why we are not staying, and we would have been gone at the end of our lease if it weren't for the owner not being up front about the situation and waiting till just days before the lease ended to let us know.
My question is, since we are now month to month, not the lease, and we have given them notice, do we have to allow them to do this? And what recourse would they have if we refuse? Would they have to go to court? Because it seems to me that by the time that occurred, the month would be over, and we would be moved. We are packing, have a dog, and homeschool. I am a homemaker and do not have a car to leave when they want to show the house, and it is winter in Colorado!
Thank You
Answer
I'm sorry to hear that you have to move. I'm not familiar with the laws in Colorado, but I will tell you how it is handled here in California.
When you paid your rent (and your landlord accepted) you entered into a month-to-month agreement that extends all the other terms of your lease, with the exception of the move-out date. In MOST LEASES and states, you as a tenant are required to be "reasonable" in letting the landlord show the home. In my opinion and experience, REASONABLE means allowing Sunday open houses, possibly a Broker's Open showing. You should refuse the lockbox for the reasons that you already gave, and remind them that all access in to your property requires 24-hour notice. Tell them you will allow an open house every other Sunday until you move, but no lockbox, and no other disturbances. In my opinion, that is reasonable.
And by the way, make sure to mention that there should be NO SHOWINGS without the LISTING AGENT present (not just the Buyer's Agent). Beside the fact that you're not a tour guide, items get stolen at open houses and showings, and it's also dangerous. These are strangers. If anyone shows up wanting in, don't worry about being polite, don't let them in.
Best of luck,
Lori Frankfort
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