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Renting and Open House days?

By Gantz - 16 June 2011 29

Hi Rioters,

A subject I know has been presented most likely many times previously, I just spent a few hours searching but could not find anything, so here I go:

Recently the owner of our apartment passed away, leaving the place to her two sons. They have came and checked out the place previously, and assured us they would honour  our Rental Agreement and see it through till November when the lease is up.

The issue now is they wish to sell the place, which is fine, although they have now requested to take pictures, measurements and have Open Houses for prospective buyers on Saturday mornings.

We (My partner and I) believe we’re well within our rights to decline the requests, as we’d prefer to not have images of our belongings online for anyone to view, and believe we should not have to go through the continual hassles presented by having to vacate OUR home each Saturday morning.

I have attempted to contact the Tenants Union, with no luck. I hope you guys can help with some clarification.

What’re your thoughts on the issue?

Cheers!

What’s Your opinion?


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29 Responses to
Renting and Open House days?
Holden Caulfield 4:45 pm 16 Jun 11

WalkTheTalk said :

HC at #9. I understand your sentiment. There’s an important distinction to be made though – it’s the sons’ house AND Gantz and his/her partner’s home.

+1 to Phil M’s advice.

House, home, I get the diff. But, y’know tenants aren’t the only ones with rights in this situation and so far it’s been a pretty one-sided discussion. Based on what the OP has told us so far it’s only the landlord’s rights that are looking like being denied.

I’ve had my fair share of rental experience and I’ve been a landlord, I know how it works from both sides. I agree it can be a pain in the neck (from both sides) at times. But that’s life.

Watson said :

Holden Caulfield said :

So if it is YOUR home, as you say, then why are these two randoms able to sell it?

This is unrelated to the open house request, but that really annoys me about renting in Australia. That they never let you forget that it is THEIR house and you should praise yourself very lucky that they will even let you use it, even if you are barely allowed to breath in it. And even though you pay through the nose for the privilege. This is not so in other countries where it is common practice to paint the walls in whatever colour you fancy when you move in and noone complains about a nail in the wall or similar.

Well, like any walk of life, there are some crap landlords and some good landlords. This most definitely applies to tenants as well don’t forget.

Watson 4:02 pm 16 Jun 11

Holden Caulfield said :

So if it is YOUR home, as you say, then why are these two randoms able to sell it?

This is unrelated to the open house request, but that really annoys me about renting in Australia. That they never let you forget that it is THEIR house and you should praise yourself very lucky that they will even let you use it, even if you are barely allowed to breath in it. And even though you pay through the nose for the privilege. This is not so in other countries where it is common practice to paint the walls in whatever colour you fancy when you move in and noone complains about a nail in the wall or similar.

But I agree, it’s better to work with them. Would be worth asking them for a rent discount for the inconvenience though.

artuoui 4:02 pm 16 Jun 11

Hamilton said :

Have the first open house – invite some friends around and nude up!! Should turn them off pretty quickly!!

Speak for yourself!

WalkTheTalk 2:58 pm 16 Jun 11

HC at #9. I understand your sentiment. There’s an important distinction to be made though – it’s the sons’ house AND Gantz and his/her partner’s home.

+1 to Phil M’s advice.

Holden Caulfield 12:55 pm 16 Jun 11

Yeah, that’s the thing, as reply #1 shows you’re not within your rights to refuse reasonable access. I’m not denying it won’t be a pain in the arse, but complaining about it isn’t going to alter the rights of the property’s legal owners.

Gantz 12:43 pm 16 Jun 11

Holden Caulfield said :

“We (My partner and I) believe we’re well within our rights to decline the requests, as we’d prefer to not have images of our belongings online for anyone to view, and believe we should not have to go through the continual hassles presented by having to vacate OUR home each Saturday morning.”

So if it is YOUR home, as you say, then why are these two randoms able to sell it?

OUR place of residences.

phil m’s advice seems pretty fair and reasonable to me. Throwing toys out of the cot and refusing access is not.

Holden Caulfield 12:34 pm 16 Jun 11

“We (My partner and I) believe we’re well within our rights to decline the requests, as we’d prefer to not have images of our belongings online for anyone to view, and believe we should not have to go through the continual hassles presented by having to vacate OUR home each Saturday morning.”

So if it is YOUR home, as you say, then why are these two randoms able to sell it?

phil m’s advice seems pretty fair and reasonable to me. Throwing toys out of the cot and refusing access is not.

Hamilton 12:07 pm 16 Jun 11

Have the first open house – invite some friends around and nude up!! Should turn them off pretty quickly!!

AmyHelen 11:34 am 16 Jun 11

Hey. Good on you for taking it so well. I once went through 2 open houses each week for 7 weeks… joy! I guess all I’d add is that obviously you can (& should I think) be present during each inspection. If the agent/s direct you to alter the appearance of things, it’s up to you whether or not you do that. But being present at inspections, particularly if you present as friendly and cooperative, does make it a bit more of an attractive purchase for a genuine investor. And assuming you want to keep living there, that’s the kind of purchaser you want. Good luck :).

Gantz 11:09 am 16 Jun 11

Thanks for the advice guys, very much appreciated.

I guess it would be best to just agree to the Open House and allow the pics and avoid having valuable items present in them.

We may hopefully negotiate to have our lease terminated earlier on the grounds of it will be easier for the owners to sell it while vacant.

phil m 10:37 am 16 Jun 11

Same thing happened to me. Your rental agreement will say that you will permit “fair and reasonable” access in the event of a bona fide intention to sell. Of course there is no definition of what fair and reasonable means. But I found my agent to treat me in a fair and reasonable way so I was happy to respond in a fair and reasonable manner too.

Declining the requests is not a fair and resonable response on your part IMHO. However, insiting they limit each open house to an hour, or that they not do more than one per week, and that they don’t make last minute changes to times and they keep you well in the loop about whether there are any prospective buyers and how it is progressing is all part of fair and reasonable.

For me: The photo appointment wasn’t muich of a hassle. I just cleaned the house to inspection spec and was present when the photographers were there and helped shift a few personal effects around to room so they stayed out of the photos. The agent and photographer helped with that. They have to do it all the time.

However: The open houses were a pain. Not going to lie. It was a big inconvenience. Thankfully my agent made 45 minute appointments, arrived dead on time and always closed up dead on time also.

Yes it’s hard on us poor renters when this happens. But unfortunately it’s the “c’est la vie” of renting.

Watson 10:13 am 16 Jun 11

When a landlord did that to me, she gave me a rental discount for the weeks that these inspections were happening and organised a cleaner before each inspection. She even ended up paying for the end of lease clean, I seem to remember. So it was kind of worth my while.

Though I think if it happens again, I’d just move out immediately.

churl 10:10 am 16 Jun 11

Similar happened to us, but we were happy to end lease.
You do not have to vacate the house (although agen will prefer that), which leaves a few options.
Nothing to stop you having a few visitors around, bbq, music etc during ‘reasonable access’!
Our pushy owners got the message in advance and we negotiated lease termination at our convenience with no for-sale inspections before we left.

Chop71 10:05 am 16 Jun 11

Put in a lowball offer to buy the place. If they accept it then it’s a win win.

Sheridan 9:54 am 16 Jun 11

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