Tashina, Renter in Fargo, ND

I need help!

Asked by Tashina, Fargo, ND Fri Mar 25, 2011

I am the tenant of a house that has been put on the market. Ever since the short sale listing I have been recieving calls about realtors telling me that they want to show the house within a couple hours or so. I am upset for one that the listing agent put my phone number on the ad I thought the homeowner was suppose to set these up and also too that the realtors do not seem to have any consideration when forcing this "one hour go show" policy. Someone please explain to me why they are allowed to do this when I'm the tenant and am suppose to recieve a 24 hour notice for my landlor to even come into the house? I reside in Fargo, ND.

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9
Dan Tabit, Agent, Issaquah, WA
Fri Mar 25, 2011
BEST ANSWER
Tashina,
You do have rights as a tenant to receive "reasonable notice" before anyone can access your house. In my state its 24 hour notice unless waived by the tenant. In my quick search of sites with ND landlord tenant law, I only found "reasonable notice" and that can mean different things to different people.
Tell your landlord you want to cooperate, but that short notice is not reasonable, kicking you out at dinner or other times without notice is unreasonable and set some boundaries. It may be they can give you an incentive to be flexible and cooperate with showings, but if they are doing a short sale this may not be possible.
If it gets unreasonable, you can check with an attorney. I've attached one link regarding Landlord Tenant law in ND. Best of luck.
1 vote
Dave Griswol…, Agent, Bridgewater, NJ
Fri Mar 25, 2011
Hi Tashina, It is hard when your a tenant and yes sometimes we can be pushy, in this market when we have a qualified buyer.
our advice is to make a six hour window daily say from noon til 6pm or even a 4 hour window this will help with showings the realtor can put it in the listing and you have no worries, they still have to call and make an appointment but it makes things go much easier or so we've found when showing tenant occupied properties.

All the best
Dave & Lisa
Web Reference:  http://www.urhomerealty.net
2 votes
John Souerbry, Agent, Fairfield, CA
Sat Mar 26, 2011
Like Phyliss, I'm a California broker but I'm also a landlord. My leases require 24 notice for showings due to the requirement that my tenants have "quiet enjoyment" of the property they rent. SOME agents have a reputation for rudeness and show up with short notice, but you have rights - including the right to deny them entry. If an agent shows up with a potential buyer standing behind them, tough luck. They should have given proper notice.
Since the agent works for the landlord, I recommend you direct your complaint to the landlord in writing and demand that they fix it. Keep a copy of everything and if you mail your complaint, use Certified Mail with a delivery receipt (little green card). Furthermore, there is nothing in your lease (check it to make sure), that says you are part of the sales team. Your private phone number should never be made public by putting it in the listing. You also have the right to tell the agent to stop calling you to set up showings. It's OK to tell the agent that you will only arrange entry through the property manager or owner. There is probably nothing in your lease (check it to make sure) that says you ever have to talk to an agent. Communicating directly with the property manager or owner ensures that they remain responsible for proper notification - they can't blame the agent for lease violations.
If you feel your landlord has violated your tenant's rights to the point of causing you harm, definately speak with an attorney.
1 vote
Annette Law…, Agent, Palm Harbor, FL
Sat Mar 26, 2011
Tashina,
Your situation is truly unfortunate. As others have said, you should/have the expectation of living a normal, as private as you wish, life.
May I suggest you approach the "Listing Agent" with the following option...providing you can keep up your end of the bargain. Offer two days, for instance Wednesday 4 to 7 and Sunday 1pm to 4pm, for showing this home...ONLY! No need for the calls. Make sure you provide a sign in sheet(you will need to provide the pen(s) and a place to collect agent business cards. An experienced listing agent will see the strategic benefit in this arrangement.
Nobody sees any of my listing of an occupied home with a 1 hour notice. What they are imposing on you is unreasonable.
Best of Luck,
Annette Lawrence
ReMax Realtec Group
Palm Harbor, FL
Web Reference:  http://www.MyDunedin.com
1 vote
Phyllis McAr…, Agent, San mateo, CA
Fri Mar 25, 2011
24 hour to show, who cares about a qualified buyer if you are trying to live peacefully? Don't give up your rights, i was in your position about 15 yrs ago, it was a nightmare
1 vote
Susan Ebeling, Agent, Fargo, ND
Fri Mar 25, 2011
No doubt it is frustrating when you are renting a house that is listed for sale. But there are many options available to the owner for the showing of the property. If your landlord did not talk to you about it prior to listing, you should ask him/her to change the showing instructions to read "must give 24 hour notice" or have it changed that agents call the listing agent instead of you. But you will need to get a phone call either way, you wouldn't want people showing up without a phone call and iIt's easiest for agents and owners to call the actual occupant of the house, but you have to work it out with your landlord to get it changed. If the landlord is unreachable, you could discuss it nicely with the listing agent on the sign. But that person works for your landlord, so kill him/her kindness when asking and I'm sure they will work to accomodate.
1 vote
Phyllis McAr…, Agent, San mateo, CA
Fri Mar 25, 2011
Fair Housing practices in all states must be adhered to. Even though I'm in California, there's no way that your phone number should have been made available to everyone. If there is a "legal Aid office near you, consult with them.

Call the agent and demand 1) your number is removed. 2) insist on a 24 hour notice to show, 3) If you have children, ask the realtor to remove the lock box if there's one on your door.
1 vote
Sarah Klamm, Agent, Wellsville, KS
Fri Mar 25, 2011
Your landlord probably gave them your phone number so they can notify you ahead of time for showings. I call the tenant in a home I have listed to let them know. I would make your first call to your landlord. If your lease says you get 24 hours notice, then the landlord needs to let their agent know that. Then the agent needs change the set up with the listing service if they are using one. If they have just posted your phone number with a 1 hour lead time, that can be changed also. Please don't be upset with the other agents, we often get clients who call and want to go NOW! There are so many vacant homes they kind of get used to being able to go with short notice. I hope you can can get these changes made.
0 votes
Mike Meyer, Agent, Fargo, ND
Fri Mar 25, 2011
You certainly have reason to complain, but you need to work this out with your landlord. He or she is under contract with the real estate agent and can direct him or her to change the showing instructions.
0 votes
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