May 15th, 2010
Can my landlord keep constantly accessing my home to try and short sale their property going into foreclosure?
The condo I am renting in Scottsdale,AZ is set to foreclose next week. For the last month the owner has been sending me 48 hour notices for scheduled walk throughs about 3 times a week between the hours of 10:00 and 3:00. I continue to pay my rent for the full amount every month. My wife also dosen’t like strangers in the house when we are not home so she has been inconviently setting her time aside to accommodate these guys. Even if my wife and I are not home we still have a German shepard there that might bite whoever intrudes and we would be liable. It’s also not fair to the dog to keep him in the cage all day. We were scheduled for a walk through yesterday and 3 men that were not from the property management demanded they had access to enter our condo.The management just gave the 3 men the keys to enter our home with my wife present. I think it’s very unfair for us to risk so much and to inconvienence our life so much for something the owner of the property did wrong by not paying his morgage and is now trying to save his butt.
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Filed under: Rent Property
Yes, he does have the legal right.
They have the right to show the property with proper notice but they should not give the stranger the key of your place cos’ no one know about the guys’ background and it’s very dangerous. It is good for your wife to set aside the time and be there to make sure your dog is locked up during the showing. You should file a written complaint to the management of your security concern and request them to be present when showing the property.
The landlord is entitled “reasonable” access for purposes of showing the property to a prospective buyer. 48 hours notice appears reasonable. Three times per week borders on unreasonable. A five hour window three times a week is certainly unreasonable in my opinion.
You still pay the rent. That means *you* have possession of the property, and are entitled to quiet enjoyment of the property, to the exclusion of all others.
Tell the landlord to schedule walkthroughs *once* per week, and have *all* prospective buyers show up for the one scheduled walkthrough. That sounds reasonable to me, and it will also be reasonable to a judge after you decide to sue the property management for trespass, for giving keys to people you did not authorize to be in your condo.
It sounds like you need to buy your own house. You are living in someone elses property, you have to be accommodating.
You are not being inconvenienced unduly. 48 hours notice is very adequate, and the landlord has the right to show the property to potential purchasers even if you and your wife are not home. It is your wife’s personal choice to be present during showings.
You seem to blame the landlord for the short sale scenario, but the reality is that he can sell the place whenever he wants for whatever or no reasons, and you would still be required to provide access.