NYC 2 family home on sales rights of tenant when showing to prospective buyers

AK lawyer · Jun 4, 2011, 11:08 AM

Tell them that if they want to show the apartment you will need 24 hour advance notice. Then, if the realtor calls at dinner time simply tell them "Sorry, no. We are having dinner. And, in addition, you didn't tell us you were coming 24 hours ago."

By open house, I assume you mean a time during which a realtor waits in the premises for passers-by to come in to see the place. You don't have to put up with this at all.

yolyhere · Jun 4, 2011, 11:18 AM

Quote:

Originally Posted by AK lawyer

Tell them that if they want to show the apartment you will need 24 hour advance notice. Then, if the realtor calls at dinner time simply tell them "Sorry, no. We are having dinner. And, in addition, you didn't tell us you were coming 24 hours ago."

By open house, I assume you mean a time during which a realtor waits in the premises for passers-by to come in to see the place. You don't have to put up with this at all.

Thank you so much for your reply this helps so much. I was going to ask next question which is if open house is from 1-4 and they continue to show after 4 then my assumption based on your answer is that I can refuse.

AK lawyer · Jun 4, 2011, 11:30 AM

Quote:

Originally Posted by yolyhere

Thank you so much for your reply this helps so much. I was going to ask next question which is if open house is from 1-4 and they continue to show after 4 then my assumption based on your answer is that I can refuse.

You are welcome. I was just, after my previous post, reviewing the New York Landlord-Tenant statute to see if I could find any specific law on the subject. I could not, so what I told you is an "in general" statement. One of the most frequent experts on this forum is JudyKayTee. She is in New York and knows everything about the law in the Empire State. So, when she weighs into this thread she may have some more specific information for you.

If you were to allow them an open house from one to four it would be out of the goodness of your heart; you wouldn't have to. Accordingly, yes, you would be well within your rights to tell them, at four, to leave.

yolyhere · Jun 4, 2011, 11:48 AM

Quote:

Originally Posted by AK lawyer

Tell them that if they want to show the apartment you will need 24 hour advance notice. Then, if the realtor calls at dinner time simply tell them "Sorry, no. We are having dinner. And, in addition, you didn't tell us you were coming 24 hours ago."

By open house, I assume you mean a time during which a realtor waits in the premises for passers-by to come in to see the place. You don't have to put up with this at all.

Thank you so much. I had a gut feeling that this was not something I needed to do. It just seems so invasive and I know there are plenty of people who just like going out to look at homes with no plans on buying at all.
You have a good day.

ScottGem · Jun 4, 2011, 12:28 PM

Some of this depends on terms of the original lease. But you definitely have the right to reasonable notice. I'm not so sure whether you have the right to refuse an open house, but you do have the right to restrict it to the stated time, require that a rep of the realtor be there all the time and even allow some closed off personal space.

Personally, I think allowing an open house is better than have a stream of appontments.

yolyhere · Jun 4, 2011, 12:45 PM

Quote:

Originally Posted by ScottGem

Some of this depends on terms of the original lease. But you definitely have the right to reasonable notice. I'm not so sure whether you have the right to refuse an open house, but you do have the right to restrict it to the stated time, require that a rep of the realtor be there all the time and even allow some closed off personal space.

Personally, I think allowing an open house is better than have a stream of appontments.

Thanks Scott. I definitely would like to close off personal space. All this said and done it's 15 minutes to the end of open house and no one has come by...good for me not so good for the landlord. I actually like the landlord and wish they were not leaving. I do wish them luck.

joypulv · Jun 4, 2011, 01:23 PM

NYC has additional laws above NY state. All I could find, however, was 'reasonable' notice to show an apartment and 'reasonable' number of showings. NYC is noted for siding heavily with tenants.
I lived around Boston most of my life and they have lots of tenant protection too. LLs were expected to NOT include rentals in open houses of 2 families, not because of the advance notice law but because open houses attract so many people who are just browsing, and who may not be monitored carefully either. I would bring that up to your LL - theft, damage, children, all that can go wrong. One agent left a door open and let a cat in that didn't belong to the tenant (who was away), and locked the cat in. The cat destroyed every cloth and wood item in the place, at huge expense to the brokerage.

Fr_Chuck · Jun 4, 2011, 02:14 PM

You have lived there for 8 years, any consideration of buying the home yourself, and you renting out the other part

yolyhere · Jun 6, 2011, 10:44 AM

Quote:

Originally Posted by Fr_Chuck

You have lived there for 8 years, any consideration of buying the home yourself, and you renting out the other part

not in a position to buy at this time and if I did buy I would most likely not buy in this neighborhood.
Lots of houses for sales in the area some new some old, this house is priced to high...but thanks.

NYC 2 family home on sales rights of tenant when showing to prospective buyers

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