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Old 06-14-2016, 08:14 PM
 
2 posts, read 1,909 times
Reputation: 11

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I have a few questions. I specifically included in my lease that the house would not be for sale or put up for sale while I occupied it. Lo and behold once my year long lease converted to month to month I am told an agent will be by this week to take a look and photos.

Per the lease this should not happen.

However I am a reasonable person and understand it is a financial burden for the owner to continue owning the property.

I would like to help with the understanding that I also have work done at home and odd hours with outside work that require my sleep schedule to be all over the map.

With a 24 hour notice I also need to say when an appointment occurs.

Also, I can't afford to have a real estate agent err on their timing and so a lockbox isn't necessary or wanted since I readily have a system in place to allow access when I am not at home. It's called family and their is no chance of them not being available, trust me.

There is a time frame to sell to avoid bad financial things to owner (all new news to me). I would like to think someone would help me out if I were in the same spot so I am trying to do that. The agent has already been pretty unpleasant and demanding and we haven't even met yet!

I have the impression I best have my ducks in a row so I know what is what.

I am in Montana where the market is flat at best.
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Old 06-14-2016, 08:44 PM
 
Location: NYC
16,062 posts, read 26,920,005 times
Reputation: 24855
Do you mean once your year long lease ended it converted to a month to month? That's standard of you don't sign a new one. I would start looking for a new place and not deal with it.
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Old 06-14-2016, 09:00 PM
 
13,179 posts, read 21,357,103 times
Reputation: 21598
Per MCA, your lease should have had a default extension provision. That provision will govern if the lease is considered renewed, extended for X months or goes month-to-month. If there is a provision but no required notice of the extension was completed at the end of the original lease, or, they neglected to put the extension in the lease, it would technically be considered a month to month Extension. All provisions of the original lease is just keeps getting extended for an additional month until someone says it's over. So, the no sale provision is still binding on the landlord. Of course, they can decide to end the relationship and issue a notice of non renewal and restart the sale process after you move out.
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Old 06-14-2016, 11:54 PM
 
2 posts, read 1,909 times
Reputation: 11
But they have a deadline to sell which can't wait for me to move out- that is what he told me. Plus he wants me to stay- I translate that as he want me to continue paying rent.

So we are both vulnerable. Yes, of course I am looking. I am trying to be helpful but I already sense a good deal of unreasonable pressure from the frantic LL and the commission driven agent.

It's not my fault they took out a loan they can't pay back. Their financial tailspin is giving me major headaches. Geez, my credit is stellar and checked, but it didn't occur to me to check the credit or financial IQ of my landlord.
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Old 06-15-2016, 06:31 AM
 
Location: MID ATLANTIC
8,688 posts, read 23,084,115 times
Reputation: 10549
Collecting rent and not paying the mortgage is far more common than you would believe. It's just a matter of time before the Realtor pulls the lease to examine terms. If you are in a month to month, what is the required notice to vacate/terminate? Most are 30 days. Right now, your rent offsets his mortgage. But if I had a tenant interfering with my sale, I would swiftly serve notice of termination. You may have rights by the lease, but the minute you become a liability, rent or no rent, you would need to go. If your cooperation is the difference between a normal sale and short sale, you can guess the recommendations the Realtor and real estate lawyer will make.

Situations change, someone can face financial ruin in the blink of an eye and through no fault of their own. Just as you can obsess over a car's safety record and get injured in a wreck immediately after its purchase, landlords can go delinquent on their mortgage and they can die while in a lease. These things happen every day. You, obviously have challenges with lack of order, or lack the ability to go with the flow. You knew that going in, but now it's changed.

But for you own sanity, move. "I already sense unreasonable pressure from the frantic landlord," or "their financial tailspin is giving me major headaches" indicates things will only get worse. And this is only after requesting a lockbox or a photo shoot? No showings yet? Move. Move now. Or renegotiate a lease amount where you feel fully compensated for what you feel your interruptions are worth. But, your current course is one of collision.
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Old 06-15-2016, 07:17 AM
 
5,046 posts, read 9,727,326 times
Reputation: 4184
This could be further along than you even think. Move. You don't want to come home one day and your front door is bolted by the bank and you cannot get in. And, you don't want to have your family at home dealing with these kind of people coming by checking.

The lender may not know this is a rental...who knows what the owner did in buying this property. So people the lender hires may already have talked to a few neighbors about whether the house is occupied, may have already put pennies on your tires to see if it moved, etc.

Sadly.....the owner did not consider you so just move on asap.
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Old 06-15-2016, 08:25 AM
 
Location: Columbia SC
14,332 posts, read 15,027,515 times
Reputation: 22326
Quote:
Originally Posted by LifesChallenges View Post
But they have a deadline to sell which can't wait for me to move out- that is what he told me. Plus he wants me to stay- I translate that as he want me to continue paying rent.

So we are both vulnerable. Yes, of course I am looking. I am trying to be helpful but I already sense a good deal of unreasonable pressure from the frantic LL and the commission driven agent.

It's not my fault they took out a loan they can't pay back. Their financial tailspin is giving me major headaches. Geez, my credit is stellar and checked, but it didn't occur to me to check the credit or financial IQ of my landlord.
Be in control. You will have to move out eventually so do it now. Paying rent to one person or another does not matter to you.
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Old 06-15-2016, 09:19 AM
 
Location: East TN
11,330 posts, read 9,993,601 times
Reputation: 41421
Yep, turn in notice and move on your terms, not theirs. Who cares if they want you to keep paying rent? It's not your job to help them out of a financial jam.
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Old 06-15-2016, 12:22 PM
 
21,380 posts, read 8,111,969 times
Reputation: 18161
Get out. There is nothing good to come of you staying, barring your landlord hitting the lottery and keeping the place.

Good luck. Don't make anymore of this than it is: Landlord needs to sell, and you need another place. That's it.
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Old 06-15-2016, 03:38 PM
 
Location: North Idaho
32,867 posts, read 48,942,971 times
Reputation: 79200
Since when does a tenant get to write a lease to suit all of his own terms? You put it in the lease that the house can not be sold while you live in it?

You are month to month, if you don't want the inconvenience of the house being up for sale, give your notice and move. If you want to be really difficult about it, expect to receive your notice to move out. If you want to stick rigidly to the lease, the house can't be sold while you occupy it, so you have to get out.
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