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    herbalmuse's Avatar
    herbalmuse Posts: 2, Reputation: 1
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    #1

    Nov 4, 2006, 01:53 PM
    Tenant's Rights During Sale (NY)
    Any advice on this situation would be appreciated. My patience - and my nerves - are wearing thin. There is general information about tenant's rights available as a publication from the State Attorney General's Office, but it's rather vague where this subject is concerned.

    The single residence home we've been renting for 7 yrs is up for sale. In fact, there is a sale currently pending. We have been *very* cooperative in terms of making the house available for showings. However, we feel that we're being taken advantage of and our right to "full and exclusive use of the property" is being violated, at the very least trampled on while we're still paying full rent.

    The listing agent agreed on a 24 hour notice to show arrangement. Yet, this same agent has called with as little as 3 hours notice to show on one occasion and once with a "we're on our way over" tactic (we denied both because it was plain inconvenient). On at least two occasions, a scheduled showing was cancelled without even telling us (we waited in the home for them). Once, a realtor let themselves IN via the lockbox to show the house while we were out - again without notice from the listing agent. Several times, I have found myself showing an agent and their prospective buyer(s) the house because the listing agent doesn't even show to do their job. (Of course, if I'm giving the nickel tour, they're going to see the good and the bad, if you get my meaning.) And now, the listing agent is insisting on a showing tomorrow night - Sunday no less - "sometime" between 6 and 7pm, in spite of the fact that we have a family dinner planned. I don't think we should have to compromise our enjoyment of the home to this extent, much less make ourselves and the premises available with a wide window like that.

    Now, I ask you... does this kind of treatment go beyond the scope of reasonable and permissible entry by a landlord or their agent? What exactly do I legally have to tolerate? More importantly, what can I do to ensure our privacy and security?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 4, 2006, 02:03 PM
    IN most cases the realitor wants you out of the house for them to show it, and the 24 hour notice is reasonable, you should be able to deny anything less.

    And if it is becoming too bad, have you considered moving ? Or trying to buy it yourself
    herbalmuse's Avatar
    herbalmuse Posts: 2, Reputation: 1
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    #3

    Nov 4, 2006, 02:13 PM
    We were offered a so-called first right to purchase the house. However, it was already listed before we were even informed it was for sale! We're also aware of some problems here (plumbing issues, a cracked foundation, and a possible mold problem). In fact, it's highly unlikely the house will pass the required inspections as is. Given that, and the fact that we had trouble getting affordable financing, we've already decided to move, possibly to a home with a rent w/option available and purchase in 1-2 years. In the interim though, I don't want to feel forced into vacating or jumping into another rental situation just to avoid this unpleasantness. I'm also interested in retaining a good relationship with this landlord and her agent. I did have the foresight to obtain a written reference already, however. ;-)

    Many thanks for your quick reply!

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