[quote=north park girl]So my friend just signed a lease to a nice little two bedroom granny flat in North Park. [/quote]
Out of curiosity, is her name “Kellie”?
With an area code in Excremento?
[quote=north park girl]Shortly after signing her lease and paying deposit and first months rent, she found out that the property is actually for sale, and that she will have to have to open up for potential buyers (they said they will try to give at least two weeks notice, but it may be as short as a day or two).
[/quote]
Selling a place with a tenant in it is legal but shitty if it was not disclosed. Saying that being for sale is a minimum, necessary disclosure will not work because everything is for sale at the right price.
So don’t go with that.
Instead, go with the legal requirement.
Here is what the state publishes as guidelines for showing a rental to a prospective purchaser
———————————
The law considers 24 hours’ advance written notice to be reasonable in most situations.
If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations.121 The tenant can consent to shorter notice and to entry at times other than during normal business hours.
Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord’s agent may give the tenant notice orally, either in person or by telephone. The law considers 24 hours’ notice to be reasonable in most situations. However, before oral notice can be given, the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it. This written notice must be given to the tenant within 120 days of the oral notice. The oral notice must state the date, approximate time and purpose of entry. The landlord or agent may enter only during normal business hours, unless the tenant consents to entry at a different time123 When the landlord or agent enters the rental, he or she must leave written evidence of entry, such as a business card.
——————————–
So insist upon a written notice (knowing that you are only entitled to verbal notice) at least 24 hrs ahead of time and that the listing agent be present for any showings. Absolutely refuse any lockbox showings. Ask to be present for any showings (whether or not you actually will be available) as this will make everybody uncomfortable.
Advise the owner or agent that you will only be making these arrangements with one person and that you don’t wish to be contacted by the owner on one day, the agent on the next, the manager on the next, and the assistant on the one after that.
[quote=north park girl]
Now it appears the owner has put her phone number in the listing as a contact number, so she is now receiving numerous calls about the property.
[/quote]
So this is what you can use to get out of the lease.
Your quiet enjoyment is being violated.
There is no provision for publishing a tenants phone number on the MLS.
If I were the tenant, I would draft a letter giving 30 days notice and stating that I would not be paying additional rent so please use my deposit.
I would state that the owner was in breach of the lease contract and that my quiet enjoyment has been violated in an incurable way. Email would suffice.
[quote=north park girl]
One realtor, once she heard the situation, advised her that she is probably having her rights as a tenant violated and should contact the city.
[/quote]
That agent was very fair and cool to be saying so.
[quote=north park girl] The city gave her the info for Tenants Legal Center of San Diego. They appear to charge a flat fee ($160) for legal advice. Before she opens her checkbook, I told her I’d see if there was anyone here who could give some useful advice. At this point, she is 10 days into her lease, but hasn’t moved her stuff in yet. I told her it might not be worth the trouble, especially if she has to move out when the place is sold, which might be even sooner than 6 months (her lease term). Is there a way she can get out of her lease and get her money back–without having to get a lawyer? Even if she can get her deposit back, is her first months rent down the gutter? I feel like the situation was flagrantly misrepresented towards her. Its one thing to know after 6 months she will have to find a new place, but having to field calls and continuously open her house for potential buyers was not in the contract. Thanks in advance for the help![/quote]
Easier than contacting the lawyer would be for her to borrow my tenant’s rights book (NOLO press) or to just look at the state website. http://www.dca.ca.gov/publications/landlordbook/index.shtml
This kind of BS really pisses me off.
I was a tenant in North Park and Hillcrest for many years and while I expect this from sleazy landlords, it is a special type of dishonesty to have the agent partaking in writing and on line.
If you have more questions, please feel free to call or email.
Dan Cassidy
Broker/Owner Principle Real Estate
619-279-7826 [email protected]
(don’t worry, I won’t try to sell you shit)
