Hi everyone,

 

I'm in a bit of a situation and could use some help. I've been renting a home (in University Heights area) for about 4 years now and am planning on moving at the end of May. My landlord had decided to put the house up for sale last week (nearly four months before the end of the lease) and is giving me minimal input into the times of showings. I've told him I'd prefer if he didn't show the home at all until we move out in a couple months (as has been done in previous rentals I've lived in that were sold) but as a compromise I would be willing to allow people into the home during the week, but not weekends. He's refusing and I suspect he'll pursue some sort of legal action (his wife is a lawyer) given the "entrance with 24 hour notice" clause in the lease. So, anyway. Does anyone know of a particularly good lawyer I could talk to about this?

As long as he sticks to the terms of the lease and provides you reasonable notice (especially within the terms of the lease) you do not have much of a case for him to show the house. You may not like it, but he is still complying with the lease and fully within his rights. He has not broken your lease and unless you can point to other areas that he violated the lease, you really don't have a legal leg to stand on here.

 

We run into this all the time in apartments where the tenant does not want people coming through their unit while they live there whereby we have to point to their signed lease and the provision that allows us to come through with 24 hour notice. We certainly try to be accommodating around times that will not work for them and work to their schedules, which I hope your landlord will do for you, but there are times where the tenant wants to be extremely difficult and ban all showings until they are gone and that is where we need to take control and remind them what they agreed to in the lease. (even if there is no provision in the lease, Ohio law allows landlords a reasonable right of entry on the premises regardless).

^^For free legal advice, Legal Aid offers pro bono workshops on a first come, first serve basis.  Usually the workshops are at one of the libraries in the city but tomorrow there's a workshop in Chagrin Falls:

 

Chagrin Falls Park Community Center

March 24 [/member] 11:00 am - 1:00 pm

 

Brief Advice Clinics, Events, Upcoming Events

 

Chagrin Falls Park Community Center

7060 Woodland Avenue, Chagrin Falls, OH 44023 United States

 

A first come, first served free advice clinic for low-income individuals with civil legal issues.  Please bring all relevant paperwork with you.

 

This clinic is staffed by volunteers from the Geauga County Bar Association.

Yeah, Brutus_buckeye[/member] is pretty much spot on.

 

I wouldn't spend the money on an attorney unless he tries to evict you before the term of the lease expires due to the sale

Chances are, if he gets the property under contract in the next few weeks, it is not closing until May. You will have to make the house available for appraisals and home inspections and the like too. You will have zero control over this schedule as he is often going to be under time constraints from the sales contract to get these things done so be ready to make the best of it.

 

He is not going to evict you, not does he have any incentive to do so. Whoever buys the property, that will be their problem to deal with. Now, if they want it as a rental or like you and want to keep you, they will work to do so and you can maybe negotiate something to your terms or other rental concessions to stick around. If it is a single family house and they want to live in it (which I know is often the case in UH), then they have to wait for the lease to expire for you to leave. However, based on the time left in your lease, you will be likely dealing with a new landlord once your lease expires. 

 

 

^ Since OP is planning on moving at the end of May, which is only 2 months away,  he should be fine as far as eviction goes, if the current or new owner wanted to try it. 

^ Usually the new owners are aware of the situation when they buy and if they are buying a single family that they want to live in, they typically factor this into the price on the outset.

 

If an investor buys it, they will probably hope to keep the tenant there. If a person looking for a single family buys it, they will most likely wait their time instead of trying to invest additional money in an eviction case they would likely lose

It's pretty messed up, how it works. When you sign a lease, you expect privacy and you expect to be left alone, unless all of that is explained up front.

 

I lived in my parents old house when I was 18 (albeit, rent free) for a few months while they were trying to sell it after they moved to a different city. Random realtors with keys would do showings probably 4x a week and I never got any notice; though I also wasn't paying rent for those few months, so who was I to complain? It was really obnoxious, though. I couldn't wait to move into my new apt. I can't imagine paying rent and putting up with all those random showings.

 

There were countless people who saw that it was up for sale due to the realtor's sign in the front yard, so they'd walk up and peak through all the windows or walk around the yard. That sort of thing is definitely not something a paying tenant expects when they sign the lease. It's pretty well-known to tenants that they're entitled to a certain degree of privacy and certainly don't expect that sort of thing to transpire during their lease.

 

Thanks guys. I'm just hoping to talk to a lawyer about it just to make sure I'm covering all my bases. The problem is I just don't know how to find a good lawyer. Googling just brings up random names, I have no idea how to evaluate how good or bad they are. I left a message with the Legal Aid Society hoping they can give me a reference, but I have a feeling they deal more with evictions, slumlords, etc for low income people and might not be exactly who I'm looking for. (As an aside, it's sad the Cleveland Tenants Organization doesn't exist anymore.)

^You've already spoken to lawyers about it, on this site... for free. Maybe they aren't 'good lawyers' because they didn't tell you what you wanted to hear?

OP may not know the backgrounds of the people who posted replies. At least one practicing lawyer and another JD who works in real estate have already replied that I know of.

Legal Aid is a good tenants rights group but given that you live in University Heights, you probably do not fit the type of client they would represent. I am old friends with their executive director (in the Cleveland Office) and they do a great job, but again, you will probably (just assuming) not fit the income threshold to be their client.

 

Given the facts you presented in your earlier post, it is going to be difficult for you to find a good tenant rights attorney because with all due respect, in my own legal opinion as an attorney who does a decent amount in the landlord/tenant area, you do not have a very strong case.

 

Attorney's bill out on time and they are not going to spend their time on a case they perceive to be a lost cause (ethically, they can get in trouble if they fight for frivolous cases that have little chance of success). If you go the contingent route, I don't think a contingency firm would want this case (low chance of success and low dollar value). If you hire an attorney, again you are going to run into the same issue. Even though they are paid by the hour, given the low likelihood of success (based on the facts you presented above, if there are other facts your chance of success could be different) and the fact that your potential damages if you win are going to be fairly small (estimating a couple thousand dollars at most since your only cause of action would be breach of contract) it is really just not economical to find a lawyer to take your case or want to take your case.

 

Maybe if you have a friend who is a lawyer or a friend who is a law student, it may be worth your while to write a demand letter to the landlord to try and scare him into not showing the place. While it will have the letterhead of an attorney on it, it really would not prevent him from doing anything since he probably knows the law and what his duties and obligations are (His wife is a lawyer after all). Outside of that, given the limited likelihood of success here, you would just be wasting your money.

Thanks guys. And yes, GCrites80s is correct - I didn't realize anyone here actually was a lawyer. I apologize if it sounded like I was saying you guys weren't good, I just didn't realize you were actually lawyers and not just people on the internet giving layman's advice. Afterall, nobody knows your a dog on the internet.

 

I'm not really looking for a legal solution. My hope was that we could come to an agreement as adults. I felt offering showings anytime during the week and preserving the weekends for myself was a reasonable offer. I'm in a particularly stressful part of my life right now, and I really need the peace and quiet of my weekend to recover and maintain my health. I'm certainly not going to sue him for anything, and I'm not going to *physically* bar anyone from the property. I may inform people that show up that my preference would be for them to come during the week and that I had informed the landlord of this and wish he hadn't scheduled them for the weekend, but that they may still enter if they wish. I just didn't know if there were potentially any other avenues of discussion/negotiation and thought a lawyer might help facilitate that (since I'm getting the sense he's going to go the legal route here, unfortunately.)

 

 

 

Legal Aid is a good tenants rights group but given that you live in University Heights, you probably do not fit the type of client they would represent. I am old friends with their executive director (in the Cleveland Office) and they do a great job, but again, you will probably (just assuming) not fit the income threshold to be their client.

I suspect you're right as well. After seeing Matthew Desmond speak last week about how people of low-income are completely abused and taken advantage of by the eviction process, it's definitely I group I'd like to support. Maybe I can pay them for their services.

Thanks guys. And yes, GCrites80s is correct - I didn't realize anyone here actually was a lawyer. I apologize if it sounded like I was saying you guys weren't good, I just didn't realize you were actually lawyers and not just people on the internet giving layman's advice. Afterall, nobody knows your a dog on the internet.

 

I'm not really looking for a legal solution. My hope was that we could come to an agreement as adults. I felt offering showings anytime during the week and preserving the weekends for myself was a reasonable offer. I'm in a particularly stressful part of my life right now, and I really need the peace and quiet of my weekend to recover and maintain my health. I'm certainly not going to sue him for anything, and I'm not going to *physically* bar anyone from the property. I may inform people that show up that my preference would be for them to come during the week and that I had informed the landlord of this and wish he hadn't scheduled them for the weekend, but that they may still enter if they wish. I just didn't know if there were potentially any other avenues of discussion/negotiation and thought a lawyer might help facilitate that (since I'm getting the sense he's going to go the legal route here, unfortunately.)

 

Unfortunately, for you, weekends are the most common time that people look at real estate.  I think not wanting weekend showings might be unreasonable.  Perhaps, you and the landlord can agree on block of time on the weekend when you are likely out that they could schedule showings.  Something like 11am - 1pm or whatever time you might be out and about.  Then you get all showings in one chunk of time.  Just a thought.

Everything is negotiable. It is always good to have a discussion with him as to anything that may be done or if there are any accommodations that can be made on your behalf.

 

For example, if you lived in a 4 unit apartment, I would negotiate with him to not show your unit on weekends. I would maybe re-up for another year lease (which makes the numbers look good for the incoming owner) or offer to pay an extra fee not to be disturbed on weekends (not saying this is a good idea and as a landlord I would be hesitant to agree to this, but you can always ask). You can negotiate anything, just understand his motivations and make sure he understands your motivations.  We try and accommodate our tenants as much as possible hopefully, if he understands your motivations and reasoning behind why you don't want to be disturbed he can accommodate you too.

 

If you live in a single family house, where a new buyer will likely want to live in the unit for themselves, you could negotiate an early term of your lease (it would be to his advantage to have you leave once ownership changes possession in that case.

 

Point being, there are a lot of things you can do and suggest to get what you want, you have to be creative sometimes and get him to see how that creativity can benefit him, but it can be done. 

Many year ago I owned a few duplexes and eventually sold them when I was overwhelmed with the management.  I used to sell them individually when one of the leases was up and the tenant moved out.  Then I would clean the unit up and use the vacant unit to show to potential buyers.  I wouldn't bother the tenant until someone wanted a second showing.  This worked fine for most investor/ buyers.

It sounds like you could do more to explain to your landlord, your situation. You've been a loyal tenant for four years and I'm absolutely sure he appreciates that. How often do people folks rent a place for four years straight? Over the course of four years, you've prevented him from losing any money at all. It doesn't seem to be a case where you'd need to hire a lawyer.

Totally agree. I've sent several emails and left a voicemail explaining where I'm coming from, all in a calm manner. I understand where he is coming from as well and am hopeful to help how I can. I've tried to explain how important it is to me and my hope that meeting in the middle would be possible. He gave a very minor concession (no Sunday morning showings), but it's really not enough. I would probably go for Saturday only showings, but the last couple emails from him had a tone that discussion was over and I suspect he's looking at his legal options. Hence why I thought it might be prudent to talk to a lawyer.

If you have a pet this could turn into trouble.  I went with a realtor to a duplex several years ago an a cat darted out.  I tried to catch him but he ran to the next block and jumped a fence.  I doubt that he ever came back. 

Totally agree. I've sent several emails and left a voicemail explaining where I'm coming from, all in a calm manner. I understand where he is coming from as well and am hopeful to help how I can. I've tried to explain how important it is to me and my hope that meeting in the middle would be possible. He gave a very minor concession (no Sunday morning showings), but it's really not enough. I would probably go for Saturday only showings, but the last couple emails from him had a tone that discussion was over and I suspect he's looking at his legal options. Hence why I thought it might be prudent to talk to a lawyer.

 

Obviously, the law isn't really on your side. I think if I were you, I'd talk to him again and agree to help sell the hell out of the place to prospective buyers, hopefully in exchange for a better compromise. Even if he doesn't budge, help him get it sold ASAP, for your benefit and his.

 

You've rented there four years, for God's sake. You know how many homebuyers would be happy to know that a place was able to keep a tenant that long? They'd most likely prefer to hear your opinion, above anyone else's and I'm sure you have a lot of nice things to say about the place and the neighborhood or else you wouldn't have been there for so long. Every homebuyer is essentially an investor and your input would mean a lot to them, regarding good schools and amenities, nearby. The area is a good investment; it's up-and-coming, if not at least stable and being a member of this forum, I'm sure you know all about the new projects in the area.

 

I know it sounds counter-intuitive considering the inconvenience you've gone through, but sometimes you have to bite the bullet, you know?

I recently went through the same situation so I feel your pain.  But as long as you got 24 hours notice, I would not recommend giving potential buyers a hard time when they arrive.  It won't help your relationship with the landlord.  It also won't stem the flow of people coming through.  When somebody buys it, that's the end of the showings.  So really you're better off playing along or even playing salesman.  Unfortunately the law does not favor your position.

Cleveland Metro Bar Association lawyer referral service.  You'll get a a free initial phone consultation with a lawyer.  I've used it before with a positive outcome.

 

https://www.clemetrobar.org/cmba_prod/CMBA/Public/Lawyer_Referral_Service/CMBA/Public/Lawyer_Referral_Service.aspx?hkey=fa9a4939-c692-4c8d-a772-2bfae3d33590

^Is there an equivalent for Central Ohio?

You could do what happened to me once when viewing a house.  I was walking through with a real estate agent and opened a bedroom door to a fully naked guy standing there.  His girlfriend was topless in bed. 

 

I ended up putting an offer in on the house but the owner backed out due to contingencies.  ;)  :D