The problem is the realtor conducting "open houses" in our home! Now before I start my rant, I'll post some evidence from the Government of British Columbia Residential Tenancy Branch that it's legal for landlords to conduct open houses while a tenant still lives at the house:
At common law, the tenant has a right to quiet enjoyment and peaceful occupation of the premises. At the same time, the landlord has the right to enter under certain conditions. The Residential Tenancy Act (the Act) addresses the rights and obligations of landlords and tenants with respect to entry into a rental unit.
A "reasonable purpose" [for a landlord to access a rental unit] may include:
• inspecting the premises for damage,
• carrying out repairs to the premises,
• showing the premises to prospective tenants, or
• showing the premises to prospective purchasers.
However, a "reasonable purpose" may lose its reasonableness if carried out too often. Note that under the Act a landlord may inspect a rental unit monthly.
- http://www.rto.gov.bc.ca/documents/GL07.pdf
However....
Issue one: We requested in writing that the realtor put up a notice "Do not disturb occupants" on his "For Sale" sign on our front lawn. He said he would do it "ASAP." But nothing happened. We live on a busy six-way intersection just off a main street. We do not want people ringing our doorbell to ask about the home. We are graduate students and it's the end of the semester. Brett again contacted the realtor to ask him to post a "Do not disturb occupants" sign and the realtor gave the excuse that his office was out of such signs but he would buy one "ASAP." It's been a couple weeks now and no sign. This makes us slightly doubt the integrity of the realtor.
Issue two: The realtor did not lock our door when he left after the "realtor open house" last week. When I discovered this, I called him and he didn't apologize, but promised me that he would call a locksmith to "fix that." *boggle* Now, it's not a locksmith issue... it was lack of attention to a detail and it's a big fat security issue. But for some reason, the realtor worked his charms on me and I said thank you profusely for fixing the "problem" with our lock. After he hung up, it struck me that it didn't make much sense and he would probably not call a locksmith. I concluded that I can't completely trust what he says or does.
Issue three: Our landlord is asking us to move some of our stuff out of the house so that it looks nicer for the open houses this weekend. Luckily there is a storage area on the property that we can use for securely stowing our poessessions during the open house. And just to let you know, worrying about people stealing my stuff is HUGE to me. I still am queasy about people tramping through our house looking through our things, but ergh. But here's the kicker: the realtor says that he needs to show this storage area to people at the open house. Uh no. That is our place to store our valuables and there is no need for people to look in there. He says... he will make sure to lock it after everytime he shows it. Ummm.... see issue two... NO.
Man, I needed to vent all that. It's been eating up my insides.
However, I might be able to secure our poessessions and quiet my mind with this excerpt from Government of British Columbia Residential Tenancy Branch:
An arbitrator may find that the holding of an "Open House" by the landlord's realtor is not a reasonable purpose if the landlord cannot ensure the safety of the tenant's possessions.
- http://www.rto.gov.bc.ca/documents/GL07.pdf
Argh, so do I need to find an arbitor or can I just tell the landlords and realtor that they need to ensure the safety of our (the tenants') possessions by keeping the storage area locked. And if they can't promise that then what?
I need some advice. The open houses are this weekend. Thank you!
Here are some more resources for anyone who is in a similar situation - that you are a tenant and your landlord want to have open houses to sell the rented unit:
Q: What rights do the landlords have when it comes to showing the house for sale? What rights do we have in this case - can they do an open house etc when we are not home?
I have heard of landlords having to pay for the inconveniences caused etc - is this the rule or just that they are decent landlords?
A: Practically, I recommend that every seller and/or realtor arrange a schedule with the tenant for viewing, and make an appointment to inventory valuables lest they go missing during a showing. Realtors in particular know that co-operative tenants are assets to successful sales, which is why you hear of appreciative agents and sellers providing tenants with restaurant dinners, hotel stays, etc.
Technically, the landlord must provide a minimum 24 hours written notice of entry and the purpose of the entry must be reasonable, and between the hours of 8 AM and 9 PM.
- http://apartmentguide.ca/advice/expert-advice.asp?q=160&sub=146
Q: I moved into a basement suite on June 1st. June 20th, there were people wanting to tour my suite - the landlord has decided to sell the house. The landlord does not live in the house and the suite upstairs has not been rented since July 1st when the previous tenants moved out.
I understand that the landlord has the right to sell the property (although I wish they had made me aware of their intent prior to renting to me), but am wondering how often I need to make my suite available for viewings.
There have been several open houses, and the realtor is pushing to continue them every weekend. I find it extremely inconvenient and intrusive to have people touring through my suite continuously.
Is there any guidelines on how many hours or times a week a tenant needs to make their suite available for viewing?
The realtor keeps insisting he can do this at any point with 24 hours notice and has been unwilling to provide notice in writing. If I don't abide he has accused me of attempting to prevent the sale of the house. This isn't my intent - I just dislike having strangers wandering through my home.
A: It really is amazing, but some realtors just don't seem to appreciate how important a cooperative tenant is to the potential sale of a property. Frequently, realtors will insist on barging in on tenants to show a property because they have a hot prospect, and hope to land an immediate sale. Some realtors ignore or pretend they don't know that the Act requires 24 hour written notice specifying the purpose, the date and the time of entry, which can only take place between 8 AM and 9 PM. Furthermore, the reason for the entry must be reasonable.
If you think the realtor (the landlord's agent in such a case) isn't being reasonable you can refuse him entry, and the landlord will have to go off to the Residential Tenancy Office and file to get an Order for access. You'd likely get back to square 1, which is where a schedule would be struck.
Conscientious and professional realtors generally make prior arrangements with the tenants to show a property, often working out a schedule and ideally obtaining in writing the tenants'agreement to enter the premises. Many professional realtors also have an inventory sheet or process control because a lot of tenants are concerned that articles of property may go missing during these entries. Some realtors recognize that tenants are a deciding factor in making a sale and several provide potential purchasers a copy of my publication so these potential landlords have a practical reference and guide on how the Residential Tenancy Act applies to rental property in BC.
If the landlord's realtor insists on accessing your premises without your permission, cite section 29 of the Act to him, (http://www.qp.gov.bc.ca/statreg/stat/R/02078_01.htm#section29). You might also want to ask the realtor which section of the Act he is referring to when he says he can come in anytime he likes.
- http://apartmentguide.ca/advice/expert-advice.asp?q=373&sub=146
And here are some general resources for Tenants in British Columbia:
Government of British Columbia Residential Tenancy Branch
Tenant Resource & Advisory Centre (TRAC) of Vancouver, BC
TRAC Tenant Survival Guide (2006 Edition)
2 comments:
Glad to see that you're realizing how messed up this is... I'm pretty sure having to move your stuff out would violate the right you have to "quiet enjoyment" of your rental/lease property, although since you're moving it into storage on the property, now I'm not completely sure about that. However... being asked by the landlord to move out early on a lease is completely illegal... This guy sounds like a total sleezeball with no real regard for his tenants. Not locking the door when he leaves is reason enough to fight him tooth and nail.
For landlords, they have their basic rights especially in ensuring that their properties are maintained and kept in good quality and condition in the duration of the occupancy of their tenants.Tenants have their basic rights according to the regulations issued by the housing development authority. Tenants have the right to a habitable and healthy environment and must acknowledge the landlord should they encounter certain problems that hinder the quality of their living conditions. Their primary obligation towards their tenant is to promptly and regularly pay their monthly rents as well as submitting to the terms and conditions in the rental agreement they have signed together with the property owner.The most critical responsibility of the tenant is to comply to the rental agreement that he has entered into with the landlord. Visit Evict Squatters for more information.
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