We really like this house and the landlords are super strict (like 26 pg. contract) We noticed in the contract that we have to give access to the landlords realtor and clients to show, whether we are home or not. We are uncomfortable with that. We want to rent the home for like 2 yrs. on a lease. Then we would really love to buy it. They want to sell now but market value isn't what they want. So I thought it would suit us both, except the part of the contract that says that they will be showing it. I don't mind leasing but I want to be here for awhile and eventually own it. I have a bad feeling about leasing it and them selling it, we would have to move again. We explained to them that we have two kids and want to stay here, raise our family. Also, it says that if a natural or unexpected disaster were to happen, we would be responsible for repairs. Isn't that what homeowners insurance is for? Why us? Also they are not allowing us to park our rv in the driveway. Are they allowed to tell us what property we are allowed to have there? Please help us before we sign this! Any suggestions are appreciated!
I assume that you are signing a year lease. That means that you can live there for one year. At the end of the year, the landlord (or you) can end the agreement and you move, or you can sign another lease.
If you want to live there more then a year, then ask for a 2 or 3 year lease.
In regards to showing the property. Ask that you are given 24 hours notice and the you have to be there.
In regards to you buying the property, ask if you can have the right of first refusal. This means that they ask you if you want to purchase and if you say no, then they can sell it to whoever.
Also, if you actually want to buy it, why don't you buy it now vs renting?
I don't like the natural or unexpected disaster part and would cross this out. You are correct, that is what insurance is for. I would put into the contract that you will carry renters insurance.
In regards to the RV. Yes, they can restrict this. In fact, there may be an HOA that also restricts these types of things.
This sounds like a very onesided lease. I would have a lawyer review it ASAP. It may cost you a few bucks, but it could save you in the long run.
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May 10, 2009 at 06:03 am
I assume that you are signing a year lease. That means that you can live there for one year. At the end of the year, the landlord (or you) can end the agreement and you move, or you can sign another lease.
If you want to live there more then a year, then ask for a 2 or 3 year lease.
In regards to showing the property. Ask that you are given 24 hours notice and the you have to be there.
In regards to you buying the property, ask if you can have the right of first refusal. This means that they ask you if you want to purchase and if you say no, then they can sell it to whoever.
Also, if you actually want to buy it, why don't you buy it now vs renting?
I don't like the natural or unexpected disaster part and would cross this out. You are correct, that is what insurance is for. I would put into the contract that you will carry renters insurance.
In regards to the RV. Yes, they can restrict this. In fact, there may be an HOA that also restricts these types of things.
This sounds like a very onesided lease. I would have a lawyer review it ASAP. It may cost you a few bucks, but it could save you in the long run.
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May 10, 2009 at 06:26 am
The first part of your question, such a clause is common in all leases. While the landlord legally has the right to show the home to prospective buyers, the new owners would have to honor your lease.
The second part is just plain illegal. You can not be held responsible for "acts of God".
Yes..they can tell you that you can NOT park your RV. Many towns have local ordinances that prohibit this.
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May 10, 2009 at 06:46 am
You might have dreams of owning the house one day, but until you do, your landlord has a legal right to show it to other potential tenants or buyers. It's his property. In most states, there's an amount of notice you legally have to be given before your landlord can enter the property (usually 48 or 24 hours, but sometimes as few as 6 or 12), and landlords aren't allowed to infringe on your right to enjoy your home (such as by coming around every day, coming at odd hours, coming when not necessary) but allowing it to happen is pretty standard with most tenancies. You can ask for it to be written in that no viewings will be made before 9am or after 8pm, or on Sundays - that's reasonable. Virtually all landlords will want to be able to show other potential tenants or buyers a house towards the end of your tenancy, unless you've confirmed that you want to extend your lease, or have had an offer to buy the house accepted. I agree about asking for first right of refusal if you did decide to buy, that's a good idea if you're not keen on moving.
Again, whether or not you can park on the driveway is up to to the person who owns that land. Many contracvts have clauses in them which states what isn't included in your lease, be that a driveway, a garden, the use of a cellar etc.
If you're not happy with the agreement, don't sign. If you want parking space, then perhaps this isn't the house for you. Personally, I wouldn't get into a contract with a landlord who wanted to make me liable for natural disasters and acts of god - that's very strange; although most insurers don't cover those things, so I can see why the landlord is doing it, hoping somebody will take the risk.
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May 10, 2009 at 06:52 am
You sign the lease and you are agreeing to what's in it. LLs have right to show property, upon advance notice. Request 48 hours notice, and request limited #s of showings. You do have right to be present, but you cannot dictate times they show it, except you can state, no showings after 7 or 8pm, due to kids bedtime, etc. Some communities don't permit parking of RVs in driveways, or visible from street. Or LL may not like it, and can put it in lease that it isn't permitted, and if you sign it, you're bound!
Change it, accept it, or go elsewhere!!!!
Your lease, unless they changed it, survives the sale of property.
But you need your protections, negotiations in lease when you sign it. Must be in writing, not oral agreements to be enforceable.
Natural disaster damage is normally LL's responsibility. Are you sure that is what it said? Don't agree to it! Mark it out and initial it.
Get an attorney to advise you. First consultation cheap or sometimes free.
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longtime LL -
May 10, 2009 at 07:30 am
Honestly, that first part is their legal right, they are just making sure you understand, the house is for sale and they will be showing it.
Buy it now if you want it.
The insurance thing is not enforceable, lease or no lease, they can not make you responsible for the structure of the building.
The RV thing is likely the city code. Few cities allow storage of RVs in the driveway. And yes, even without the law they are allowed to tell you what you can park on their property. An eye sore like that will cause problems with the neighbors, and could cause a safety issue for any one driving. I am surprised with children that you would even think about blocking drivers view of the yard.
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May 10, 2009 at 07:37 am
The law in general allows them to show it if you are not there. Their only legal requirement to show your unit is to give you 24 hrs notice. You do not have to agree to it or be there. You have no choice in the matter. This would be the case even if that clause was not in the lease.
You should not have to pay for disasters - as you said, the insurance should cover those things.
It is legal to not allow the RV to be parked there. They take up a lot of space and they can be an eye sore.
None of what you stated (except the clause about you paying for repairs) sounds out of the ordinary.
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I'm a property manager -
May 10, 2009 at 08:25 am
1. If you want to buy the place then make a fair offer. If you are not willing to make a fair offer, you cannot keep them from putting it on the market and you cannot prevent showings. They should give you proper notice before entering for a showing.
2. The RV thing may be a city ordinance. RVs are large and they are not allowed everywhere.
3. The clause about repairs is definitely funny. I would have an attorney review that to see if it is on the up-and-up.
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