Sarasota Homes For Sale Rarely Sell Smoothly With Tenants Involved-Part 5!

Hi Mike. Reference showing a tenant occupied property, I spoke to an attorney and he referenced the site below. He explained that everything is not outlined in the Statutes – there wouldn’t be enough room. He also explained to me about the 24 hour notice required for a non-emergent entry and I learned something I didn’t know. One would think if you give a 24-hour notice say at 4:30 in the afternoon, then the next afternoon at 4:30 would be 24 hours, right? Not!

So far as Florida Law is concerned, a 24-hour notice for a showing is 24 business hours. After I told him all of what was going on the first thing he asked me was why? I had allowed it! He also advised me that my landlord is already in violation of the lease from when the property manager handed my keys over to that real estate lady who simply unlocked my door and walked in and based on that he tells me I had every right to change my locks and no judge in the world would disagree. It seems Florida takes a tenant’s privacy and quiet enjoyment very, very seriously and indicates that in FS 83.53 when it says the landlord may not harass the tenant (in legal terms that means to discomfort, intrude on, etc.)

The most important thing I learned and saw with my own eyes and verified with a follow-up phone call to Tallahassee is the paragraph below, the most important part being at the very bottom. I wanted to share this with you since I know you will have to work with tenants as well. The majority of tenants the attorney tells me is simply not aware of their rights. You know what they say, knowledge is power.

He gave me a few scenarios as to why the state protects tenants regarding showings. Let me share.

He tells me a lease is a business agreement. I am paying rent to a landlord and have full rights to the property as if I owned it, as long as my lease is in good standing and rents are paid. He says, what sense would it make for an individual to pay rent to have a home only to have the landlord and real estate agents dictate your schedule?

In a case where a tenant is in a house for sale, yes, a tenant has to be reasonable and grant showings, but at the tenant’s convenience. Yes, the owner wants and needs to sell his house, but the owner and RE agents need to understand that the landlord has a binding legal business agreement with the tenant wherein the landlord has turned over the possession of the property to the tenant for the term of the lease. How then can the landlord or a RE agent dictate when a showing will be in one’s own home? Maybe you’re having dinner guest at that time, maybe you’re sick, there could be numerous things you could be doing and this is why not only a 24-hour business hour notice is needed but THE TENANT HAS TO AGREE WITH THE TIME as well. He says if an owner wanted to sell his home and have it on display for showings all the time, the owner should not enter into a binding agreement such as a lease.

Maybe this will help you. I hope so. This is the link that has the entire page from below from The Florida Bar.

Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

RIGHTS AND DUTIES OF LANDLORDS

If you rent a house or apartment or mobile home to another person, you enter into a legal contract known as a rental agreement. This rental agreement need not be in writing. If the rental agreement is in writing, it is a “lease.” This agreement has certain basic conditions specified by law which you should understand before you enter into the agreement. As a landlord you have certain rights; you also have certain duties. Even in the absence of a written lease, the law imposes duties and gives rights to the parties.

Your obvious right as a landlord is to receive rent for the use of the property.
Another important right is to have your property returned to you undamaged at the end of the agreement. It should be returned in the same condition in which it was received, except for ordinary wear and tear.

In return for these rights, it is your duty to provide a home that is safe, meets housing code requirements and to make reasonable repairs when necessary. The obligations can be limited sometimes under the lease. It is also your duty to respect the tenant’s rights. One of the most important of these is the RIGHT OF PEACEFUL POSSESSION. By renting to the tenant, you give that tenant the possession and use of your property FREE FROM INTERFERENCE. THAT MEANS THAT YOU MAY NOT ENTER THE HOME FREQUENTLY, AT ODD HOURS, OR WITHOUT NOTICE. Rights relating to reasonable inspection are often set forth in a written rental agreement, as well as in Florida law. You have a right to protect your property through inspection, but you must give reasonable notice. YOU DON’T HAVE THE RIGHT TO SHOW THE PROPERTY TO POSSIBLE BUYERS WITHOUT NOTICE TO AND AGREEMENT OF THE TENANTS , except in cases of emergency. How could a showing be an emergency? It can’t!

I hope this information will help you and many other realtors out there. Again, I feel that please, thank you, and a little consideration can go a very long way!

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Mike, you are not going to believe this! I think I mentioned to you before about the property manager at my building and how he gave those realtors my key – the two women who walked in on me. Well, take a minute and let me tell you a story that will blow you away – or – being in real estate maybe not, though you strike me as a decent man, so you will probably be equally appalled!

Prior to living in this unit, we lived on the 4th floor in a unit that went into foreclosure which turned out to be a blessing for us since you know how I feel about my landlord now. The Developer is just the best! Anyway, while living there, the unit directly across the hall had gone into foreclosure and soon after we began noticing different sets of people in and out. One night, this lady tapped at my door to see if I had a cork screw and volunteered to tell me that they were down for just one week. The traffic in and out of that unit continued with finally some very unsavory characters. I’m a single mom and being I’m home alone all the time, that was uncomfortable for me so I went to Earl, the property manager who acted surprised and said he would take care of it and went on and on about how that was against the condo docs, minimum rental time was 3 months and so on, but nothing changed! Then when we moved up to the 12th floor, the unit directly across the hall had also gone into foreclosure. About 2 weeks after living here, I went out the door one morning and there perched in the hallway floor were two most unsavory characters with backpacks. I said good morning and asked who they were waiting for. The girl said they were waiting for their friend to get home because they had lost their key. NOT! So, I went to Earl and told him, look I’ve got thousands in equipment in my unit and I have bums sitting in the hallway that don’t belong there and Mike, he said to me “you’re seeing invisible people!” I was so inflamed, I didn’t respond and left. But it was eating me up, so by the time I got to my first stop, I had to call him and I asked why he would say such a thing to me to which he responded, “I didn’t say that! I have 5 witnesses that were here when you came in!” I couldn’t believe what I was hearing since there were only 2 other people in the office that morning. With that insanity, I gave up, called my landlord, told her what happened and that I couldn’t deal with Earl anymore on any level. Stuff like that Mike, I just can’t handle.

Now here comes the good part! About 2 months ago a new management company took over and we all assumed we would be getting a new property manager as well but didn’t, not until this past Monday and hats off to the new mgmt company. Earl always complained that he had no help and wasn’t making enough money. What did they do? They brought in another man under the guise of a “clerk” who worked side by side with Earl for one month. Oops!

Sit down Mike, this is a good one! Turns out, the invisible people he said I was seeing and the so-called squatters were actually people he knew were here, along with 2 other realtors who live in the building. They pooled together, bought minimal furniture and other items that would come with a furnished rental, and was were renting out the foreclosures for $1500/week, splitting it 3 ways and making a frickin’ fortune since we have many foreclosures in our building. Can you imagine?

Again, I know there are some really bad tenants out there, but I do believe there are just as many good ones and when a good one reads some of the garbage on the Internet on realtors’ sites, i.e., “we don’t want to steal your beer can collection” it is insulting and hurtful. Here are 2 realtors and a property manager, go figure.

Hope you are well!

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Hello Mike.

Thank you for sending me your comment. I believe you’re the first realtor to have a kind word to say to me, a tenant, which seems to be a dirty word in the real estate realm and vice-versa, and that’s sad because it really doesn’t have to be that way. Although, having been a landlord myself many years ago, I know firsthand how difficult some tenants can be!

Let me bend your ear for a minute – from a tenant’s prospective to hopefully help you, the realtor, who can share with your colleagues – maybe even put a pamphlet or seminar together and make yourself some extra money! I’ve been self employed for many years and try to never miss an opportunity to increase my income.

I personally don’t think selling a property with a tenant has to be so hard. I think it’s all in the approach and I believe you get what you give in this life. Where to start? By putting yourself in the tenant’s shoes. First, I’m sorry you haven’t had any decent tenants to work with. Honestly, we’re not all bad, but I do think a good tenant can go bad when leasing a property that is for sale, and in some cases rightfully so. If I were a realtor and had a property with tenants, the first thing I would do before ever taking buyers there would be to visit the tenants. I would let them know that these showings ARE going to be uncomfortable. No one wants strangers in their home whether it be realtor, owner, or tenant. That’s just human nature I think, especially in today’s world when so often people are often not who them seem to be, i.e, Bernie Madoff! It’s probably a bit more tame on your side of Florida, but in South Florida, it’s pretty much a dog-eat-dog mentality! I’m 61, have lived in S. Fl. since I was 18, watched it change, but I love the beach and the warmer weather.

Anyway, if I were a realtor … I would approach the tenant with honey instead of vinegar. Let them know showings are uncomfortable, but that I would make it as painless for them as possible. I would find out how many kids that had, if any; pets; hours they work or if they’re home all the time. I would never offer free rent or even a dinner card, but I would assure them that if a buyer came along that didn’t want to keep a tenant in place that I would certainly do my best to help them find another place equal to where they are. I would assure them that I would never arrive unannounced and that I would be sure that whatever buyers I brought to their home would be made to understand ahead of time that while they are looking to purchase the property, they must keep in mind during the showing that they are going through someone’s home and to be mindful and respectful of that. Just lay out some good southern hospitality. It goes a long way!

Here’s a couple examples of what I mean. Several weeks ago we had a showing. My house always stays clean. It’s just my daughter and I – she’s 23, works a full time job managing a doctor’s office, goes to college part-time, all the while attending the Fire Academy. Nonetheless, when we’re having a showing, first of all it’s a pain in the neck for me because I have to move all my medical/patient files as I am bound by the HIPAA Privacy Policy and for that reason, I have to be here. I can’t trust thousands of SSN #s and an unknown number of patient files and info to anyone but myself. For a showing, I always run the vacuum again, make sure the bathrooms are sparkling, no dirty dishes, etc. There’s a possibility I could be meeting a new landlord! (a point you could bring up when meeting tenants prior to any showing) and I make sure I am presentable! I always greet them with a smile, I keep my mouth shut unless spoken to, and I don’t follow them around. It’s hard Mike! It’s really hard! Some of these characters they’ve brought through has caused me to want to frisk them before they leave!

A few weeks back we had some serious rain going on over here and in the midst of it all a showing was scheduled. Mind you, I have a white/beige Berber carpet that is brand new. I rent directly from the Developer and live in what was the model unit so it is extra nice. I live directly on the beach on the 12th floor, corner unit. What a blessing! I have a $3000 security deposit in place and the only way that will be refunded to me when and if I have to move will be that the place is in good shape.

That day, because of the rain, I put an extra rug at the front door. When the agents and the buyers arrived, I opened the door with a smile and immediately said, I hope you don’t mind but I really need you folks to wipe your feet! As you can see, I have a light-colored carpet. No one seems offended except for the buyers agent who gave me a look from hell and stepped “over” the rug. The listing agent, who I’ve come to know by now, looked at me unsure of what I would say or do because she knows I’m funny about my house. The other agent started to walk toward the living room but I’m long-legged, so in a couple strides I was right beside her and still smiling told her I really needed for her to wipe her feet. She told me she didn’t have to! Just pissed me right off. Would it have you? I kept my cool, but told her nicely if she didn’t want to wipe her feet she could leave and opened the door and pointed her to it. From my view, the tenant, this agent just had no manners at all. I thought all mothers taught their children to wipe their feet before they go in someone’s house? This woman still would not wipe her feet, but the listing agent came to my rescue as did the buyer! The buyer told his agent, what’s the big deal. You’re in this lady’s home. Wipe your feet! The listing agent took her out in the hall and sent her to the lobby to wait and she did the showing herself. You’re an agent, I’ve never seen or met, would you have been insulted if I asked you to wipe your feet? But, I’m sure that agent went away putting me in the uncooperative category.

On another showing, in came this little Chinese man with a woman who was honestly dressed like a hooker. He was in painter’s clothing, dirty, and had a body odor. Okay, Jae, be nice anyway. I am still trying to figure out why in each room he entered he had to put his hands and arms on the walls. My walls are beige and textured, beautiful, and one of my biggest pet peeves is fingerprints and marks on the walls!

I did well until we got to the kitchen – those walls are white. I don’t know if the guy was just tired, stupid, or just plain didn’t care, but there he started rubbing up on the walls. The listing agent (the one who knows me) told him he’d better watch out that Jae would get upset with him. He looked at me and said what for? I smiled and told him I would really appreciate it if he would not put his hands and arms all over the walls because textured walls are hard to clean, adding … and as you can see these walls are beautiful! His agent turns to me and says … You have a lot of nerve. You’re the tenant. At that point, the listing agent led them out the door.

As for the 24-hour notice on the MLS listing, we have that covered, in fact, it says by appointment only. Because I do work at home the Developer is very nice to me in that respect and I know they appreciate having me here because we already renewed my lease and the current lease is yet to expire! As for the MLS listing, unfortunately it hasn’t helped very much. Here’s some examples on that …

Several months ago, while working at my desk one afternoon, I had forgot to lock the door. I had gone to the bathroom and while in there, I heard my door open and I knew it wasn’t my daughter. I scurried out to find two women now standing by my desk. Boy were they startled when I came around the corner and I was not a happy person, let me tell you. I looked at the one woman and told her she had about 5 seconds to tell me who she was and why she was standing in the middle of my home. Her answer, well, isn’t this unit for sale? You’re the tenant, right? I was so angry, I can’t tell you. I told her again that now she had about 3 seconds to get out of my house and started walking toward her. I think she thought I might clock her and she started backing toward the door. Once I had them out of my house, she tells me she’s a RE agent and since they’re already here can they look around. Are you kidding me? Are you truly deaf, dumb, and blind? Are you licensed? Can you read? I know the MLS listing says by appointment only. You walk into my house knowing it is occupied, no knock, no nothing, just walk in and now you want me to show you around? I immediately called the lady I deal with at the Developer’s office to tell her what happened. She laughed and said that I should have thrown her out on her ear and she would have backed me 100%.

These are just a couple examples of what I – a tenant – has had to endure. In my opinion, this type of behavior is disrespectful, rude, and inexcusable, most of all total unnecessary. How could anyone treat someone like this and expect them to be cooperative Mike? Thus, some of the horror stories you read and hear about tenants could possibly be warranted because renters are human too! We just choose not to buy.

I would buy this place myself but with the HOA fee of $883/month, taxes, and insurance associated with living on the beach, the special assessments, and at my age, I think I will just continue to rent.

I will keep you in my prayers that business will pick up for you and that you can run into some decent tenants so your job won’t be so hard.

God Bless,

Jae

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