Clearly your issue surrounds the uncertainty involved with selling a tenant occupied home. There is much we do not know about the indecent you describe. Nothing conclusive will result by prying further into those details. Establishing right or wrong simply creates a greater adversarial situation. What is needed is a better framework of understanding and subsequent co-operation.
As others have suggested, you really need to have a conversation with the owner or your landlord.
1. Make absolutely clear how the showing will be scheduled. NO EXCEPTIONS! If you have not been notified, if they are not on the schedule...NO ADMITTANCE! (this may be a function of the real estate agent)
2. You and the landlord may reach an agreement to show the house on predetermined days and hours.
3. It is not uncommon for a landlord or agent to offer an incentive or two for your co-operation.
4. You may need to have a conversation with the real estate professional who is hired by the owner to find a buyer. It is this agents showing infrastructure that may be contributing to the problem. The agent will need to be fully on board with this strategy also.
A house for sale that is tenant occupied is ALWAYS a complicated and trying process. What you describe is not an uncommon report from tenants. A more common report is tenants refusing to open the door, or going through great effort to make the house unappealing. This is most easily accomplished by placing three neighborhood kids in each room with instructions to 'watch' the visitors throughout their tour. There are two sides to the situation. Rather than become distracted with the 'sides' it is crucially important to work towards a common goal.
In the spirit of creating good Karma, seek to find the common ground where the owner can achieve the goal of finding a good buyer and you are able to maintain a life style with minimal intrusions and the agent is able to communicate and control access.
If Karma holds no value, I must risk the accusation of 'practicing law' in advising you to review your lease agreement to see what provisions have been made regarding the sale of this house. At the risk of being accused of 'practicing law' I would suggest it is unlikely you as the tenant would be required to make the house available for 'drop by / as hoc' showing.
Again, there is much we do not know about your situation, but seeking a clearly understood framework of co-operation with the owner, agent and tenant will produce the best outcome.
Tenant Rights Laws and Protection: Ore HUD. Sometimes there is a communication problem or the person who signed the rental agreement failed to tell the other people living there. There are several things to check, first check the listing in the MLS, go to Central Oregon Association of Realtors and do a search for your address see if the listing says there is a tenant. Call the home owner or the property management company and tell them what happened and who the agent was and ask what can be done to make sure this doesn't happen again. Make sure the home owner or the property management company reports this to Central Oregon Association of Realtors.
Susan Agli, Broker, SRES, ALHS
Coldwell Banker Morris
Licensed by the state of Oregon
It's creepy videotaping people, but I would call and chat with your landlord about it.
You may turn a realtor away for a showing if the proper notice has not been provided. I would encourage a discussion with your landlord to make clear the communication plan for showings. Here is a link to your tenant rights in the state of Oregon:
A for the "alleged rummaging". I would out of professional courtesy call the showing broker to discuss your concerns. If you are uncomfortable with this I would contact the principal broker for his firm. You will most likely get a resolution at this level.
All brokers are required to provide complaint procedures to the public. You may contact the Central Oregon Association of Realtors at : http://coar.com/index.php?action=standards.complaint
Hope this helps,
WestBend Realty Co.
Again, check your lease. If proper notice has not been given, you absolutely have the right to refuse the showing.
As far as you having evidence about the Realtor conducting himself unprofessionally while on the showing, I would recommend that you contact YOUR Realtor and ask them to make a complaint to the offending agent's Managing Broker.
Also, I stand by my tip that you may be able to frame your concern in such a way that it makes a persuasive case with your landlord.
Hope that helps.
They have no right to come into your home without your permission.
It is called tresspassing. And it is unlawful. And it is against Realtor Policy. They could get a HUGE fine, up to $5000 at some Realtor Associations.
IF THIS ANSWERED YOUR QUESTION: PLEASE GIVE ME A "THUMBS UP!" or "BEST ANSWER!"
Check your lease and see if that is permitted. It may not be. (Often, a lease will provide that there must be reasonable notice.)
So: Read your lease. Then, contact your landlord. If the lease specifies that reasonable notice must be given, explain to the landlord what happened. Whether the landlord has listed the home for sale or for rent, it's possible to put in the "Comments" section of the listing a statement that certain notice must be given. And even if your lease is silent on that point, request that reasonable notice be given.
One other point: You say you videotaped them "looking thru my stuff." That wouldn't be permitted in any case. They would be allowed to come in the house. They would be allowed to open the refrigerator and kitchen cabinets, for instance. But they wouldn't be allowed to look through your personal possessions.
Tip: Here's a great argument for reasonable notice. Use your own language, but: "I'm glad to cooperate with your efforts to [sell or rent] the property. However, though I do try to keep the place presentable, I think it would show a lot better if I had some notice. That way, I could tidy up a bit and your property would be a lot more appealing to anyone looking at it."
Hope that helps.