My landlord is selling my house.?

Question

I moved into this apartment April 1, 2007. On May 15, he told us that he's selling the house. I was really pissed as I planned on staying here for a while and my kids love it here. Well, now, the real estate agent takes it upon himself to just walk into my apartment with prospective buyers. I only know about the 3 times its happened while I've been home. Twice I was sleeping and woken by a man's voice IN MY HOUSE! I've complained to my landlord numerous times, and explained that I'm upset, that this is my home and I feel as though I'm on display. What can I do legally? I know that they have to give me 24 hours notice before they enter, and they don't, so what do I do? I can't afford an attorney, so whatever I do, I have to do on my own. Please help, I'm so upset about this, I feel so violated.

I neglected to mention that the real estate agent has a key to my apartment!

My lease is good for a year, I know I can stay until April 30, 2008, even if the house is sold. I've already informed my landlord of my concerns on numerous occasions, and he's done nothing to rectify the situation. I've also told the realtor that he needs to contact me 24 hours in advance to show the apartment, but he pays me no mind whatsoever, obviously, since I woke up to a man's voice in my house AGAIN this morning. I mean, what if I was just getting out of the shower? Or changing my clothes, he didn't even ring the bell, he just walked right in!

So I read the lease (which by the way, is signed by the landlord, but my copy isn't signed by us) it says he can come in at any reasonable time to make repairs, etc, but nothing about showing the property to potential buyers.

Okay, so I sought the advice of an attorney! My lease is good until March 31, 2008, whether the house sells or not, it is a binding contract and in NJ, there is NOTHING the new buyer can do to get me out, unless they buy me out. That wasn't really my concern though, I'm already looking for a new place.
As far as the realtor entering my home, its illegal, which I kinda knew already. But I wrote a letter and sent it certified mail to my landlord advising him of the law in NJ, and made it very clear that if this happens again....I will be contacting the local police department and filing a trespass complaint. I've also written a letter to the realtor's supervisor advising him of the situation, and the actions I intend to take if the problem is not rectified. Now everything is on paper, and I have proof it was sent! I've also posted a copy of the right of entry portion of the tenant's rights booklet that the county law library provided to me, on my front door!

Here's the real kicker, legally, there are no statutes in NJ for the landlord to enter the home for rerenting or selling the property, it is supposed to be addressed in the lease. Well, ha, in my lease it clearly says that the landlord has the right to enter with 24 hours notice to show the property, beginning 45 days before the lease expires. So LEGALLY I do not HAVE to allow these people into my home. I will continue to allow them to see the apartment, but it will be on my terms. No one makes me feel violated in my own home. They should've respected my privacy from day 1 and it wouldn't have to be this way....oh well.

Thank you all for your help it was much appreciated, I can't vote for Best Answer, they were all pretty good!!!

Answer 1

Contact your local police and ask them about it.

For all you know, they could harass you. Explain that to the police, that they just barge in and look around. Explain that your scared and express all your concerns. That they might harass you and that your afraid and all that jazz. I don't know if it counts as a "Breaking and Entering" but you MUST CONTACT THE POLICE!

Answer 2

In addition to what else has been mentioned, I suggest that you call the office of the real estate agent and ask to speak to the broker-owner or the managing broker. Explain the offensive conduct of their agent to them. The broker is ultimately responsible for the actions of the agent and will rein them in if they are engaged in illegal conduct.

You may also contact your local board of Realtors and ask for their assistance in lodging a complaint. The agent in question, however, might not be a Realtor as not all agents are.

Whether the agent is a Realtor or not, all are licensed by the state. You may also contact the state licensing authority and ask to file a complaint with them as well. Here it is the California Department of Real Estate.

Your rights will be governed by state law and then, within that scope, the terms of your lease. As a renter you are entitled to the quiet enjoyment of the premises, but you cannot unreasonably interfere with the right of the landlord to show and sell the property.

When the property is sold, the new owner will take the property "subject to" any rights remaining on your existing lease.

Answer 3

They can not enter without 24 hours notice. I'd file s complaint with your local police and if they can't help you with your local District Justice. There may be a filing fee for that, but the landlord will be told he has to give you the 24 hour notice. Your wrong though about having until April 2008 to move. Once it sells the new owner can give you a 30 day notice, then evict you.

Answer 4

ok time to get really angry, called the realtors broker, and during the conversation, tell the broker that the next time it happens you are going to call the state real estate commission, located in your state capital, and file a formal complaint against the broker and the agent, bet u a months pay it doesnt happen again. before you make the threat, get the number of the commission and tell the broker that u have it and mean business. also either put a chain lock on the door or a dead bolt, if all else fails get an alarm for the door or a very big dog. lol gl

Answer 5

Contact the real estate agent's company. Request from your landlord that the agent return the key and that all future showings of the unit must be approved by you. Make the realtor call you for the appointment. Continue to complain to the real estate company until the matter is fixed. I guess if worse came to worse you could call the police.

Answer 6

First of all, it's NOT your house, you are RENTING it and the OWNER OWNS it so quit calling it "your house". You do have the right to live there but it STILL belongs to the OWNER on TITLE and NOT to you.
Second, you DO NOT have the "right" to live there IF the house is sold because the new buyer MAY be wanting to live them themselves and you do NOT have the "right" to prevent them from occupying a property that they just bought.
Next tenant law varys state to state so before you go threatning lawsuit as some advise (notice WITHOUT asking where you live) you had better find out what the REAL law is where you live and see if you have ANY "rights" or read the LEGAL document that you signed called a "lease" and see what it says about showing or inspecting the house.
If you do not want people walking into YOUR house and violating YOUR privacy then buy the house yourself and quit renting other people's property.

Answer 7

See the right to inspection clause on your lease. By the way, how long is your lease for? Does it afford any penalty for not complying with the terms of inspection?

Let the owner know when the house can be shown. Let the real estate agent know the house is occupied and send them away.

Answer 8

The owner and real estate company are in violation of tenant laws. Contact an atty. They will be more than happy to sue your owner of the property for violating tenant laws. And include the realestate office in that suit. The attny will take it on a contingency

Answer 9

first, the new owners must obey the terms of the lease signed by he old owner, so the new owners can not kick you out until the lease ends

as toward the unauthorized interference, the real estate agent is held to your state statute for requirements in regard to entry for non-emergency, as such

next time a real estate agent tries to enter your unit without proper notice tell them no, if they persist call the police for trespassing chargers it will stick