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Yes they have that right. They have the right to choose when someone is entering their "home", they also have the right to request to be there.
Yea, they do have that right and really no matter how much notice you give them, they can refuse.
Are you guys set on buying a foreclosure? I only ask because I have had a couple of friends go that route and it was a total nightmare. I know it doesn't always work that way, sometimes you are able to get an amazing deal on a great house, but I have heard an awful lot of horror stories about buying foreclosures. Just wanted to throw that out there!!
I can understand why you find this frustrating, but from the perspective of someone who is renting in a house (us! although ours is NOT in foreclosure, thankfully!) I can understand their side of this.
When we were getting ready to move out of our former home (also a rented house), our landlord would show up at random times and be like, "People are coming over in an hour." We then spent that next hour hiding everything valuable that we owned, because we're heard too many horror stories about people going to open houses and swiping stuff.
It was very inconvenient, because we were expected to keep the place super clean/neat, the landlord got annoyed if I was baking or if we were doing laundry, etc. We put up with it because we had given 30 days notice and understood that he was trying to get a new tenant.
But these people are being forced out of their home. It's not their fault that the house is in foreclosure, it's not their choice to move. So why should they go out of their way to help the bank sell the house? Or why should they inconvenience themselves for you, who they have never met and have no relationship with?
Again, I understand how frustrating this must be, but if the house is in foreclosure, you might be getting a gem at a deal, and I think it's worth being flexible for.
@daydreamwanderer: I understand where they are coming from, but a week and a half seems a bit excessive to me. I'm not asking them to disrupt their lives but honestly, we've continued to be flexible and after 5 attempted tries to see the house we're pretty frustrated. Especially since it seems like either the agent or the renters keep changing their minds. 24 hours, 48 hours, only one day with times that would be extremely inconvinent to anyone who wasn't a teacher and didn't have President's Day off. I feel like they're just trying to be difficult and it's irritating. No, they don't have to go out of their way to adjust their lives, but I feel like there should be SOME compromise on their part. I think the relator is going to check when their lease is up and we may just wait until they're gone.
@Bostongrl25: We're not set on buying a forclosure but a lot of the houses that are in our price range, are in nice neighborhoods, and are nicers houses happen to be foreclosures or even short sales (which I've heard is even more of a nightmare).
@Treasure43: Is it possible that if the house continues to not sell, they can continue to live there? (Or that they would get kicked out early if it did sell?) They could be stalling intentionally.
@daydreamwanderer: I'm not sure....those are good questions to ask. Our relator called and left a message asking for more information on the situation so we'll see what happens. DH and I don't mind being flexible, but this makes us worried that if we want to see the house again/schedule an inspection/whatever, that this might be a very cumbersome process.
They might be intentionally making it difficult to see. If you can't see it, you won't buy it therefore they can prolong having to move. It's a tough situation for you to be in.
I can understand both sides. DH and I were attending open houses every Sunday for about a month in which we learned a lot about this. Some properties had no one living there, but a lot of them actually had renters as the owners had long since moved out of NYC but weren't able to sell due to the poor economy. You could always tell immediately when it was renters vs. owners living there, because it would either be spotless and sparcely furnished or a total mess and dirty everywhere. There was this one property we really wanted our parents to see and it was like pulling teeth asking the renters to leave for 20 minutes, the wife must have stayed home because they wouldn't even leave during the day M-F. They kept not getting back to our broker about a time that worked for them and we finally settled on a 15 minute time slot at 3:45pm on a Thursday which they revoked at the last second. And we saw the unit twice, it was a total wreck with huge furniture everywhere and junk on every surface, I honestly don't know how people even live like that let alone allow strangers in to see it all.
But at the same time I feel really bad for these people innocently renting a beautiful apartment only to be completely violated because the owners want to sell. I hope at least they were told about the owners intentions when they first signed the lease, but probably not. And DH and I will be in that position soon, we aren't renewing our lease since we're buying and my landlord has already told me she will be showing it before we move out. Lucky for me DH and I are total neat freaks and at any given moment our apartment is spotless, or at least totally organized. Of course there's still teh issue of valuables which will be a huge pain.
Update:
Well the relator called me back and it is NOT a good situation! The renter's lease is not up until DECEMBER! and so whoever buys the house would have to either then evict the tenents or negotiate with them about having them stay or whatever. Needless to say, we're crossing this one off the list. No house is worth dealing with that!
@daydreamwanderer: I wanted to share from the tenats point of view. My boyfriend and I were actually renting a house that went to foreclosure. One day the landlord simply informed us "oh by the way, I have not paid the mortgage in a year and half". We were like WHAT!? So once the bank filed the notice of default the landlord stopped doing maintenance and stopped taking care of the house. This was awful esp. since as someone else put it, its wasnt OUR fault the house was going into foreclosure and it wasnt our choice to move. The realtor did not help. We made everyone give the 24hr notice because she would text us and tell us someone was coming in 20min or at 9pm or something crazy like that. She even called and tried to talk me out of the right to 24 hour notice. then she even went and complained to the landlord like he owned us or something. We would come home after the realtor showed the house and she would move things, lock the dogs inside with no food/water/or anywhere to potty, she opened the gate and let them run through the neighborhood once...she even tried to make the bed look "cute" and put a gross stuffed dog toy in it. gross on my pillow! she even went through my personal belongings once and I knew about it only because she thought she saw a letter that was for the landlord and told him about it. It was actually our copy of the notice of default, but how terrible is it to have people going through your belongings?
It really is having to go out of your way unless your at work when they come. We only allowed one open house because on a weekend when we just wanted to kick back we had to make somewhere up to go for half the day. We ended up giving her an extra hour to clean up and get out and when we got back she was still showing the house with people inside! so rude! She even got angry at us when we asked why she was still there.
I dont know where you are but in CA if the house goes back to the bank they can offer you cash for keys. what happened with my SO and I was that they offered us 8k and 5 days to get out. This worked for us cuz we moved in with his parents...we had a place to go. but if you dont like their offer you can say no and you simply live there for 90 days rent free....and no you dont have to let people come and view the house during that time.
@BOSOX11: Not sure why this was directed at me; I've actually been in the same situation and I'm the "other" poster who mentioned that it's not the renters' fault they're being forced out ... sorry if you misunderstood what I was saying!
Tenant rights must vary place to place. In Ontario we're only required to give 24 hours notice and showings have to be between 8am-8pm. But you do run into difficult tenants who will approve the showing and then not let the people in.
I think owners being foreclosed on are more difficult to deal with. Especially since in Ontario, they have a period of time after the house is sold conditionally to rectify their default. If they do, then the deal is voided.
Definitely not worth it in Ontario, though I think I heard in the states (or some states) a bank can sell a foreclosure for what is left on the mortgate. So you could get a nice house for 100k. In Ontario the banks have to sell the house at fair market value.
@daydreamwanderer: sorry I think I was just trying to reply in general...lol!
I also wanted to add (to the general post) cuz the above post mentioned tenats approving the showing and then not letting people in that the realtor would actually just tell other realtors they could show the house and not ask us or even let us know. On multiple occasions we had realtors show up and knock on the door saying our realtor lady had told them it was ok. and just imagine how many times that happened when we WERNT home :-/
IMO, buying foreclosed homes is bad karma. I refused to look at any foreclosed properties because of that very reason. I also would never buy a home where a violent crime has been committed. But hey, that's just me!
As for tenents' rights - yes, it does vary state to state. But the tenants always have the right to proper notice to anyone entering the how except in the case of die emergencies. And a lease is a binding contract. One can not simply toss renters out for any reason. In PA, one must give 30 days notice before even starting the eviction process - which usually takes at least 3 months.
Honestly, I don't know if I would consider a home where tenants were renting. You might be required to continue their lease until the end of the term they would have had (I have heard this before but I don't know for sure).
@bluespurrs: Violent crime and a foreclosure are two very different things. Getting in over one's head and being permanantly underwater on a mortgage that is then foreclosed on is a lot different than murdering someone in a house. Especially in places like the bay area where a TWO BEDROOM house will easily set you back $500,000-600,000, that's completely understandable. My husband and I are in the top 10% of wage earners in the country, and that's even a bit of a stretch for us. Imagine what would happen if we were to lose a job in this economy? It's not bad karma to me, just bad luck (for them) and an opportunity (for us) to get into a house that allows us to have the space for 2 instead of one kid at the same price, and maybe even have money left over to save for retirement!
Well I thought I was clear that it was my belief. Foreclosure is heartbreaking and I have known people who have lost their homes. I definitely could not handle the bad energy that would permeate the home.
@bluespurrs: You're entitled to your opinion of course, but going by the "bad karma" logic then houses where people have died and are selling the house, suffered a job loss or death in the family and need to move, etc. would have bad karma too. There are lots of heartbreaking things that happen everyday to people all over the world.
Just pointing out :)
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DH and I have been looking at homes. One came on the market last week that is apparently a foreclosure that the bank owns but there are people renting the house. The listing said we needed to give 24 hours notice. Ok fine, we do that. Twice. The agent then comes back and says we need to give 48 hours. Fine. We overshoot and give him 72 hours. He then comes back and says "Actually, the only day the tenets can give you is Monday between 9 and 4 because it's a holiday". Um what? First of all, we've been trying to get into the house for like 20 minutes for a WEEK already and you keep changing the rules! Now you give us one day and only I can go see the house because my husband has to work. This seems ridiculous to me! My relator said that tenents rights are that they can keep saying no every time we ask as long as they give us a day at some point where we can see it, even if it happens to be an inconvinent day. Does anyone know more about tenents rights laws?