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tenants rights during short sale?
There is a realtor that came to us claiming to represent our landlord and asking for copies of our apartment keys to show the property to potential buyers for a short sale. We knew the property was going into foreclosure b/c we received a nice note from the landlord about 4 months ago saying we could stop paying rent. Our lease was for a year, but had expired by the time this happened, so basically we were living month to month at the time. And up until then we had paid all our rent on time with no problem even though the landlord never completed any repairs or maintained the property. The note said the landlord would be filing for bankruptcy. Luckily we do not have any security owed, but we have not heard anything from him since.
We had been getting solicitation letters from lawfirms about the house being in pre-foreclosure, but this week a couple of realtors have come to the house asking to help convince the landlord to do a shortsale. One of them claims to be already working with our landlord and wants us to help him by giving him copies of our lease and keys. I don't know how, but he already has a copy of the front door to the building and one of my apartment key locks. My question is, can realtors force us to give them unlimited access to our apartment with only an hour or two notice?
We are willing to reasonably accomodate them, but he says that any realtor in his agency could come at any time to show the place to any interested buyer. I'm just not comfortable with that arrangement and want to know whether NJ law provides any protection for tenants.
We understand we don't own the property and want them to be able to show it within a fair schedule, but are not sure how to approach it. We have not seen any paperwork from the bank saying that the house was sold, but we suspect that this realtor is not being completely honest with us. Please help!
Comments
I'm not an attorney, but it is HIGHLY unlikely that they would have any right to enter the property without at least 24 hours notice, and even then for limited reasons. Typically tenants have the right of "quiet enjoyment" during the term of their lease, and have no obligation to allow unlimited showing of the property to buyers.
That said, given the "nice note" letting you stay without paying rent, you might try to be reasonably accomodating. Perhaps letting them take photos (be careful they don't show valuable possessions), maybe 1 open house day, and an inspection by a buyer with a signed contract. Just make sure the Realtor is legit and actually has a signed listing agreement with your landlord.
this is what the laws say.....
It is still required that the tenant receive at least 24 hours notice of each intended entry. Trying to give oral notice -- as in, "I called yesterday, but no one answered" -- is not sufficient.
there is your answer.... look under tenants right in a shortsale.. google it n u'll c!! good luck!
i would not give my keys to anybody but the landlord. Dont ever do this again
at least you don't have to pay rent no more, we were still payien our rent and they made us have open houses 2 o 3 days a week, some times the realtor didn't even came and had all that people comming over again and again every day, asking me if they could see the house even that wasn't an open house day and if I said no, they would tell me how mean I am, cause they came from a far city... my landlord was able to do a loan modification so we stayed but now, we were just told that bank didn't aprove so they will go for the short sale again, I want to move as soon as I can, don't want to go trough all that again with no rights... cause we are in a month to month agreement... landlord hasn't pay her mortgage in 2 years so she has been putting in her pocket all the rent money, and she is still collecting from me, even that she doensn't pay her mortgage... the stove is not working and she doesn't want to fix it...
I had a realtor call me last night and stated that she will be coming back to get the keys to my unit, because of a short sell, she never once stated what company she was with, or even to offer me property . i currently have a lease and i need to know what are my recourses in this case , do i still pay DEC rent ...
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