Expert: liznarr - 10/30/2007

Question
I am a new renter in SC with 3 kids.Moved here from out of state (4 states away) I signed a 1yr. lease from Jul 07 - Jul -08. 2 months later, the LL tells me realtors will be out to put signs up, take pictures, etc. that they will be selling house.They have a lockbox on my door, people running in and out of here. I was given notice once that people were coming out and that was a 20 min.notice. The rest of the time they come in and out whenever they please. The LL tells me they don't have to give me any notice but said they will sometimes give me 30 mins. as courtesy. My kids are upset with all that's going on. People running in and out and the fact that we are still not yet fully moved all of our stuff in. I don't know what to do. I told LL I was upset with what's going on and that I wouldn't have signed a yr. lease if I had known they would be putting it up for sale, and they just tell me I will have 30 days notice if house sells. I would appreciate any info, advice , suggestions. Thank You.  

Answer
Hi Jacie,

For starters, when property is sold, any valid Lease Agreement conveys WITH the sale, and any new owner has to, by law, honor the remaining term of the Lease.  Therefore, short of your agreeing to vacate upon being given 30 days notice, and – absent any such wording in your lease requiring you to vacate with 30 days notice – you are entitled to remain in the house you leased for your full term of one year.  

In the area I work in SC, the Multiple Listing Service requires a tenant to sign a lockbox agreement giving permission for the lockbox to be placed on the property for entry.  Check with the MLS governing the lockbox on your house and see if they require consent by the tenant.

A tenant cannot unreasonably withhold consent to a landlord to exhibit a dwelling unit to prospective purchasers, but I would think there might be some limitations on infringing on your privacy with no notice.

Assuming nothing to the contrary in the Landlord Tenant Act, you might consider the following:  If you did not sign a consent agreement for the lockbox and one is required, I would suggest that you DEMAND the lockbox be removed, and insist that any showings be by appointment only with proper notice to you.  If you did sign a consent, REVOKE it.

The key ingredient in your situation is the language contained in your Lease Agreement.  Read it carefully and see exactly “what” you agreed to.

I do not specialize in property management, but you can check with the SC Real Estate Commission at 803-896-4400 and ask about the Landlord Tenant Act which governs rentals.  Someone there should be able to assist you with your questions as they pertain to your rights under the Landlord Tenant Act.

I am sorry to hear that you are experiencing this problem.  When you have a landlord who is inconsiderate of your family, that can certainly make your life miserable.

Sorry for my delay in responding, but my Mother is in the hospital and I am in the surgical waiting room now as I am responding to you.

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

Regards,
Elizabeth