Expert: Hans Weber, Licensed Broker Associate - 3/9/2009

Question
QUESTION: Hello,

I'm hoping you can help me.  I live on Long Island, NY.  We rent a single family three bedroom home here.  We had a lease that expired on March 1st.  We are moving to VA on June 12th.  I spoke to our landlord and asked if it was ok that we go month to month until June 15th--he agreed.  Later he stated that he wanted to put the home back on the market asap, and wanted to have the real estate agency show the property once a week.  I am a VERY busy mother of three children.  My husband is not home much as he travels back and forth to VA every other week for business with the new company.  I am very uncomfortable having strangers in our home to look at the house.  It is going to be almost impossible for me to keep the house "show ready" for prospective home buyers with three very young children.  I am afraid that the agency will be coming at all hours of the day and night.  I am stressed out enough as it is, and this only adds to my stress.  We have a stipulation in our lease that the landlord must give 72 hours notice to view the property but I am unsure if the agency had to abide by this.  Do I have an option to say no to my landlord?  I want to be fair to him, but I don't want to be taken advantage of either.  As a side note, this house was on the market for nearly 2 years before we moved into it.  After we moved in, real estate agencies were at our door 7 days a week for over 2 months!!!  Even telling them over and over that we were renting did not keep them from continually coming back.  If I have to allow the house to be shown, can I stipulate when people can come and see it (what days, and hours)?  I just want to have peace to pack my things.  What do you think?


Thanks for the help!

-Tanya

ANSWER: Hello Tanya,

Thank you for your question.

I understand your concern, but I also understand the owner's mindset.

In any case, you have a lease and have already answered your question.

You asked your landlord to extend the lease month to month.  The landlord agreed.  The lease stipulates the house may be shown with 72 hour notice.  That would include real estate agents.  Of course you can say no and be in violation of the lease.  The landlord will be angry and have grounds to start eviction, but probably won't.

My suggestion is to determine certain times during the week when you are not home that the house can be shown.  Tell the landlord you will make the home available at those times and try to stick to it.  Plan to do your shopping say, Saturdays 11 to 2 and have a family outing Sundays 12 to 4.  This will give the owner a time frame for the real estate agents to show the house and they should call first to confirm the showings.  Or if the kids are in school have showings during the week from 10 to 2, but not after school.

As far as keeping the house show ready, well, with your busy schedule and 3 kids, it may not be possible.  That is not part of the lease, but just a common courtesy.

Anyway, it is always better to cooperate if you can.

Good luck,

Hans

---------- FOLLOW-UP ----------

QUESTION: Hi, Thank you for the reply!  My landlord is a very nice guy and the last thing I want to do is tick him off on our way out the door.  We are good tenants!

None of my children are in school.  We have a 4, 3 and 18 month old--all of them home with me.  Do you advise that I NOT be in the home while the agency shows it?  What about our property?  Who will make sure it is protected?
I guess we'll figure something out, but I'm sure not happy about it, even though, like I stated, I do understand my landlords position.

-Tanya


Answer
Hello Tanya,

Good to hear from you and you are making the right choice.

Just figure out times you can take the kids out to shop or to the park or to eat and tell the landlord/real estate a schedule.  All buyers are accompanied by licensed real estate agents who oversee the visit.  You can request they bring a business card when showing so you know who it is.  

And yes, it is better to be out of the house during showings, even if just in the back yard or out for a stroll in the nice Spring weather.

Hans