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Renting a house that is for sale

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Renting a house that is for sale

Post by merry on Mon Apr 15, 2013 10:33 am

The deal on a house that I had hoped to buy seems to have fallen through, and I am now just leasing it.

What are my responsibilities as the lessee, to allow agents and their prospects onto the property? I want to do what's right and required, but not to just have people show up unannounced at all hours of the day and night.

My lease agreement does not say anything about it.

TIA,
Merry

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Re: Renting a house that is for sale

Post by Pedro on Mon Apr 15, 2013 10:47 am

they can and probably will do anything they want as per your lease agreement.
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Re: Renting a house that is for sale

Post by lunateak on Mon Apr 15, 2013 11:22 am

As it is not addressed in your lease you are not obligated to open the door to anyone. You may want to have the specifics added as to what you will or will not accept. Twenty four hour notice would be nice....
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Re: Renting a house that is for sale

Post by merry on Mon Apr 15, 2013 7:23 pm

I *think* Mexican law is stricter about what a landlord can and cannot do, and I believe they can't even come onto your property to inspect or fix something without the lessee's explicit permission. But I'd sure appreciate some Legal Eagle with exact info.

Merry
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Re: Renting a house that is for sale

Post by merry on Mon Apr 15, 2013 7:50 pm

Hockables, apparently it's owned by about 6 siblings who have come up with untenable terms. Plus it's on the lake and I need a specific easement to access the water, but they don't want to grant that - without the access, it's just a nice view lot. I currently have the specific access easement in my lease agreement but would forfeit that right by buying. Very puzzling.

Merry
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Re: Renting a house that is for sale

Post by merry on Mon Apr 15, 2013 7:53 pm

Hmm Hockables, somehow that message from you that I was replying to disappeared.

Merry
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Re: Renting a house that is for sale

Post by hockables on Mon Apr 15, 2013 7:56 pm

merry wrote:Hockables, apparently it's owned by about 6 siblings who have come up with untenable terms. Plus it's on the lake and I need a specific easement to access the water, but they don't want to grant that - without the access, it's just a nice view lot. I currently have the specific access easement in my lease agreement but would forfeit that right by buying. Very puzzling.

Merry

I DECIDED TA MIND MY OWN BUSINESS...
25 years of Landlording sometimes makes me a little twitchy

Carefull bout the easement... around here... if you don't know the right people to grease...
they might open up a Cannery right in front of you

It may be paradise... but if they are being difficult... cut your losses and find your own little paradise....
Best time to buy is now.... lots to choose from

Screw Em

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Re: Renting a house that is for sale

Post by CheenaGringo on Mon Apr 15, 2013 8:10 pm

Merry:

Given the number of horror stories I have read through the years regarding landlord/tenant relationships in Mexico, I would damned sure invest the money in some solid legal advice before anything adverse happened. From most of the stories, it seems that the "you know what hit the fan" at the least opportune time and if one believed the tenant's story, their life was miserable.

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Re: Renting a house that is for sale

Post by Intercasa on Mon Apr 15, 2013 8:55 pm

Contract governs but also the civil code does. Use common sense as enforcing your rights can be expensive.
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Re: Renting a house that is for sale

Post by seisdedos on Mon Apr 15, 2013 10:15 pm

Intercasa wrote:Contract governs but also the civil code does. Use common sense as enforcing your rights can be expensive.

Contract cannot violate civil code.
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Re: Renting a house that is for sale

Post by Intercasa on Mon Apr 15, 2013 10:59 pm

Well... there are provisions in the civil code that can be legally waived in a contract so in a way a contract can be more restrictive than the civil code. A few items cannot be waived as they are against public policy and their waiver is explicitly prohibited.
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Re: Renting a house that is for sale

Post by merry on Tue Apr 16, 2013 8:07 am

I only have one simple question here:

> What are my responsibilities as the lessee, to allow agents and their prospects onto the property? I want to do what's right and required, but not to just have people show up unannounced at all hours of the day and night... My lease agreement does not say anything about it.

Thanks,
Merry
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Re: Renting a house that is for sale

Post by Trailrunner on Tue Apr 16, 2013 8:16 am

I don't know what your "responsibilities" are either, Merry, but if it were me I would not want anyone I didn't know strolling through my house and I'd fight tooth and nail not to show the house. You'd have no idea who they were or what their intentions were even if they were accompanied by an agent - whether you knew the agent or not.

I wouldn't worry about doing the "right" thing, I'd be much more concerned about my safety and the safety of my belongings. YMMV
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Re: Renting a house that is for sale

Post by CanuckBob on Tue Apr 16, 2013 8:29 am

I would think 24 hours notice is sufficient. You need to add that clause to your agreement. I was renting a house that was for sale and that was the clause in that agreement. We also had a 60 day notice clause if the house were sold. Now if you don't want people coming through your house then don't rent one that is for sale.
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Re: Renting a house that is for sale

Post by merry on Wed Apr 17, 2013 9:57 am

Intercasa, surely there is a law involved here? If there is one that requires 24 hour notice to allow strangers on the property, then I don't need to add it to my lease. Likewise if the law says 60 days notice for moving. I don't want to negotiate anything that does not need to be negotiated, but I need to know what my legal responsibilities are.

The annoying part is, my next door neighbor - same landlord - negotiated into his lease "NO showing of property while he leases" and "NO sale of property while he leases." I just didn't THINK to do that.
Blackeye

TIA,
Merry
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Re: Renting a house that is for sale

Post by merry on Fri Apr 19, 2013 1:43 pm

Anybody know the law here? Surely I'm not the first person to lease a house that the owner wants to sell. I just want to do what I am legally required to do.

Merry


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Re: Renting a house that is for sale

Post by Intercasa on Fri Apr 19, 2013 2:31 pm

There is Civil Code Section 1995 where the landlord guarantees peaceful use and enjoyment of the property.
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Re: Renting a house that is for sale

Post by merry on Fri Apr 19, 2013 2:48 pm

Intercasa wrote:There is Civil Code Section 1995 where the landlord guarantees peaceful use and enjoyment of the property.

Does that mean he/she cannot require me to let potential buyers onto the property to look at it?

Merry
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Re: Renting a house that is for sale

Post by Intercasa on Fri Apr 19, 2013 2:58 pm

It says they shall not place obstacles to your use and guarantee your peaceful use. That is the law, and that is why there are lawsuits as many situations were not spelled out by the legislators and the courts need to clarify.
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Re: Renting a house that is for sale

Post by merry on Fri Apr 19, 2013 3:11 pm

Okay thanks Intercasa! Well, it sounds like they couldn't force me to move out either, if they sold it during the term of my lease. That would definitely be an obstacle to my guarantee of peaceful use.

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Re: Renting a house that is for sale

Post by CanuckBob on Fri Apr 19, 2013 3:43 pm

But why get into that hassle. Best to just move someplace else if they want to sell the place and you don't want any part if it. IMO
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Re: Renting a house that is for sale

Post by merry on Fri Apr 19, 2013 3:51 pm

I will move if I have to, Cbob. I'd be happy if things stay the way they are, but I also like to know what my rights are so I can plan for contingencies.

M.
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Re: Renting a house that is for sale

Post by Pedro on Fri Apr 19, 2013 6:54 pm

merry wrote:I will move if I have to, Cbob. I'd be happy if things stay the way they are, but I also like to know what my rights are so I can plan for contingencies.

M.
what your rights are and the exercising of same are 2 separate issues.
if i were renting, a hassle would be way down on my list for piece of mind and"quiet enjoyment".
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Re: Renting a house that is for sale

Post by merry on Sat Apr 20, 2013 8:34 am

Well Pedro, my legal responsibilities are the bottom line. But I'd like to act as morally and responsibly as I can without forfeiting my rights. Thanks for your opinion.

Merry
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