Landlord!! Goes through my stuff!

[BiscuitGirl]

What is the name of your state? Oregon

I signed a lease with my landlord and then needed to break it for financial reasons some months later. The landlord agreed to let me go if they found a new tenant. Then, some more months later, they decided to just sell the house. For the past six months, my family and I have been enduring countless showings of the house. The landlords always ask us to leave the house, and as the months go by, their demands for the condition of the house are becoming more and more extreme. For the showing today, they insisted we allow them to come into the home 30 minutes earlier than the showing so they could bake cookies to make the house smell good. We told them no, and they said, "Well, we're coming in anyway." We left, and when we came back after the showing, they had moved many of our things and clearly used our appliances and some other things. THEY DO THIS ALMOST EVERY SHOWING. Not only this, but we have proof they went through our drawers--why?? We have long suspected they have been going through our things. Also, they told us the showing was at 3, yet when we drove by at 3:30, the people viewing the house were not there, and the landlords were clearly in the house making everything look they way THEY wanted it to. We have also long suspected they lie to us about showing times so they can do things in the house. CAN THEY DO THIS???? What can we do legally, even though we are trying to break lease??

On a related thread, is it legal for us to do audio surveillance while they are in the home? Thanks.

 

[south]

You want the landlord to allow you to break your lease...

You cannot have your cake and eat it to..... You are still there after 6 months I thought you stated you had financial problems and wanted to break the lease...

If you want the owner to allow you to break the lease, then let him sell/re-rent his home....

Sounds like you do not want to leave.... If you do not like what the owner is doing then simply state you are staying to the end of the lease and will not allow any viewing of your unit until you leave.

As for the video you can set up a security camera in your own home as long as it only points within your own home and not private areas such as bathrooms.

What is the name of your state? Oregon

I signed a lease with my landlord and then needed to break it for financial reasons some months later. The landlord agreed to let me go if they found a new tenant. Then, some more months later, they decided to just sell the house. For the past six months, my family and I have been enduring countless showings of the house. The landlords always ask us to leave the house, and as the months go by, their demands for the condition of the house are becoming more and more extreme. For the showing today, they insisted we allow them to come into the home 30 minutes earlier than the showing so they could bake cookies to make the house smell good. We told them no, and they said, "Well, we're coming in anyway." We left, and when we came back after the showing, they had moved many of our things and clearly used our appliances and some other things. THEY DO THIS ALMOST EVERY SHOWING. Not only this, but we have proof they went through our drawers--why?? We have long suspected they have been going through our things. Also, they told us the showing was at 3, yet when we drove by at 3:30, the people viewing the house were not there, and the landlords were clearly in the house making everything look they way THEY wanted it to. We have also long suspected they lie to us about showing times so they can do things in the house. CAN THEY DO THIS???? What can we do legally, even though we are trying to break lease??

On a related thread, is it legal for us to do audio surveillance while they are in the home? Thanks.

 

[BiscuitGirl]

Um, maybe I wasn't clear. We absolutely 100% want to leave. We have no problem with the landlord showing the house. But do they have the right to make us leave every time? My children are very small, and if my husband is at work than I have no car--many times my 3 year old and I have had to walk to the library in the rain. I have asked for them to allow us to sit in a room out of the way. They said it was fine, but then when they schedule a showing, they tell us to leave regardless of weather and my lack of vehicle. Do they have the right to go through our things (this includes opening drawers and going through personal papers, opening the refridgerator and opening containers)? Do they have the right to demand we plant flowers outside (at our expense)? Do they have the right to call us at 8pm and expect to get in (with the house perfect and us up and leaving) for a showing the next morning? What happened to 24 hours' notice? Do they have the right to lie to us about showing times just so they can get into the home early and move our things around? Do they have the right to tell us they will show the house at 3 and then try to force their way in at 2:30?

I can't imagine that, even with the breaking of the lease, any landlord has the right to riffle through our personal items, remove pictures from our walls when we are gone, and so forth. Doesn't this become an invasion of privacy issue? We probably want out of this house more than they want us out (after all, they get to still charge us rent we cannot afford to pay). We're still here after 6 months because they refuse to let us leave until the house is sold. Every time we tell them we need to go because we are BROKE, they start threatening to sue us for the remainder of the lease (it was a 2 year lease that we could afford at the time; just a few months in we suffered a series of crises that drained us dry and left our income suffering). When we spoke to them, we made it clear it would become very difficult to make rent, and that not only would we be in a spot where we're paying the rent and not having enough leftover for bills and groceries, but it would get to a point where we simply would NOT have the amount for the rent. The past six months, we've only been making the rent with monetary gifts from family and by selling our things. We are quickly reaching a crisis point (family cannot give anymore money and we are out of sellable goods), which is why we wanted out of the lease in the first place, so we can get into a cheaper place. The point is, we want OUT, but they are asking a price for the home that is ridiculously high for the area and the house. And just because we want out, does that give them the right to invade our privacy and force us to do things? I can't believe breaking this lease would mean sacrificing my family's basic rights! I understand I have to deal with the financial repercussions and whatnot, but I have to allow them to come into my home and do nothing while they move my furniture, put my personal items in boxes, read through my papers, and go through my fridge?

 

[Warped]

First I would like to say that I'm not a lawyer.

It sounds to me like the landlord wants his cake and to eat it too more so than the tenant. The landlord wants to sell the place but also want to get the full rent amount in spite of what the tenants have told him about their financial difficulties. Before you all pounce on me about the landlord deserving his/her rent, yes, he/she does but that doesn't give him/her a right for one single minute to treat a tenant like this.

As a landlord myself I try to have some compassion (though some here would dispute that) but I also refuse to be treated like crap either. If I had a tenant in your situation who approached me before they got behind in the rent, I'd let them out of the lease without penalty so long as they left the dwelling in easily rentable condition meaning clean, holes from pictures in the walls repaired, carpet cleaned, paint touched up over repairs and that sort of thing.

If I were you, I'd make the landlord follow the letter of the law and I'll be damned if I'd leave for a showing. If they try to force you out, call 911 and report them for home invasion. They are going to screw you either way you go so don't be their doormat. If they want to sue you, let them. You have a 50-50 chance of losing. Your chances of losing are, in my opinion lessened by the treatment you have received and I hope you are documenting it. Good luck to you!

 

[BSJM]

Don't know the rules in your state, but here in CA a landlord is required to provide you with 24 hour notice in writing of their intention to show the rental. They must also provide the time of the appointment and it must be during normal business hours(and days, no Sat. or Sun.). I know of nothing that says they can make you leave during the showing. I'd say, be fair to the landlord and allow them to show the rental. Try to keep the place presentable for the showings. If you are willing to leave during the showing, then fine, otherwise just stay put.

 

[BiscuitGirl]

Thanks for the advice! I can handle the good advice and the bashing for getting into this situation. It's all helpful.

The LLs actually called this morning to tell us about another tonight (!) and two tomorrow. They told us as usual to be out in time and we told them we'd be staying. Oh the ruckus! They accused us of doing illegal activities and hiding something in the home because, as they put it, "People so unwilling to trust others in their home, and who get so upset by being asked to leave, MUST be hiding something."

Please.

After a very long argument about a whole variety of nitpicky stuff, I managed to get them to let us stay in the home during showings, but they refuse to give us 24 hours notice 100% of the time. This is all very frustrating.

We have always struggled to make rent, but it has never been late. We keep the home in great shape. This month, though....let's just say that rent was due yesterday and I have $200. Groceries need to be bought, and utilities paid. Not sure what to do. We've sold everything and exhausted all our family members' pockets. I don't see how I can get them rent. I told them 6 months ago this was going to happen. I've told them countless times since then. The funny thing is, this is one case where they WON'T evict us. They'll just continue to abuse us and refuse to let us leave. I guess, since I've got nothing to lose anyway, I should just leave? I've always thought they'd have a better chance at selling the house with it empty anyway. What do you think?

 

[SkeeterBug]

I am from Oregon

Hi, If I was in your situation and my landlord went through my things he would draw back a stump.

Here is some info I pasted from the Oregon State bar

The following information regarding tenants and landlords is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.
As a tenant, you are entitled to exclusive possession to your rental unit. This means you have the right to privacy. Oregon law also says, however, that landlords have a strict duty to rent only units that are in safe, decent condition, or 'habitable.' Landlords must make repairs when a rental unit becomes inhabitable or otherwise needs repairs. That means your landlord can enter your home to inspect it and make repairs. Landlords also have the right to sell the rental property or rent the property to others, which means landlords can bring other people to inspect the property.
There are rules about when and how landlords can enter your unit that protect your rights to privacy.
First, landlords always have the right to come onto the rented property--but not into the unit itself--to give notices permitted by law or the rental agreement.
Another general rule is that your landlord must give 24 hours' advance notice before entering your home.
There are some exceptions to the 24-hour rule. One exception is in an emergency, such as a fire or burst water pipe, or other problems that may cause serious damage if not dealt with immediately. If your landlord makes an emergency entry when you aren't home, he or she must tell you within 24 hours what the emergency was, when it happened and the names of people who entered.
Another exception to the 24-hour rule is when you ask in writing for specific repairs. Unless your notice lists specific times when your landlord and his or her workers can enter, the landlord has a seven-day period to make the repairs without giving you any advance notice. After seven days, your landlord must give 24 hours' advance notice before coming into your home to make the repair. If a repair person is someone other than the landlord, you can ask to see written authorization from your landlord for that person to come into your unit.
Another exception to the 24-hour rule is if you and your landlord agree that less notice or no notice is required before a particular entry. This agreement can only cover that particular situation; it does not mean your landlord can enter with less than 24 hour notice in other situations.
If you have an agreement in writing that the landlord is required to do yard work, and you and your landlord also agree that someone can enter the yard to do yard work without entering your unit, your landlord doesn't need to give 24-hours' notice.
Another exception to the 24-hour rule is when your landlord believes you moved away permanently. For information about abandoned property, read When Tenants Leave Belongings Behind.
A final exception is when your rental unit is for sale. Your landlord may want frequent access to the unit to show it to prospective buyers. If the unit is on the market, you may agree to allow access to the landlord without requiring 24 hours notice. You must sign a written agreement that is separate from the rental agreement. You should be compensated in some way for the inconvenience.
Your landlord and repair people must enter your unit at a reasonable time. You should discuss these times with your landlord. Your landlord cannot use the right of entry to harass you or to retaliate against you. For more information about illegal retaliation, read Residential Eviction Defenses. Your landlord also can't use the right of entry to inspect your belongings.
If you do not let your landlord enter your home after he or she has given proper notice, the landlord can get a court order to allow reasonable access or end the rental agreement. The landlord can also sue you for losses caused by your failure to cooperate.
If your landlord enters without notice or permission or behaves unreasonably while in your home, you can ask for court protection. You can also be protected from your landlord if he or she harasses you by repeatedly demanding to enter. In these situations, you can get a court order restraining your landlord from these illegal acts, and awarding you up to one month's rent, or you can end the rental agreement.
If you think your landlord has entered unlawfully, you should call a lawyer or a legal aid office for advice.

Here is a website that has some links for you to check out
also if you are in the Willamette Valley contact a tenants union or rights group
Just out of curiousity when he bakes cookies does he supply electricity or are you it. He sounds like a weasil. but please contact someone I think he is way over the top and you probably can do something about it. and If he threatened to sue me I would reply back "well that is ok sweet cheeks because I am also filing a counter suit against you. See you in court"


http://www.directlex.com/main/law/landlordTenant/tenant/faq/index.htm

 

[longneck]

SkeeterBug posted way too much info. Here's the relevant stuff:

The landlord and tenant may agree in writing that if theproperty is for sale, the landlord may enter at reasonable times, without giving notice, to show the premises to prospective buyers. Both the landlord and tenant must sign the agreement.

If a landlord enters the property without following these rules, a tenant can sue and ask for damages caused by the entry or one month's rent, whichever is more.

Demand a written agreement form the landlord. Make sure it states that you do not have to leave while the propery is being shown. Also make sure it specifies what times the landlord is allowed to enter.

Without the written agreement, the landlord MUST give 24 hours notice. If they don't notify you properly and insist on entering anyway, tell them NO, and remind them that failure to properly notify entitles you to one month's rent in damages.

As a side note, be careful how far you take that. The landlord is giving you a break by letting you out of the lease. If you piss them off too much, they may not let you out early. For that reason, I would start with just the written agreement of entry.

 

[Jpony]

not just a lesson in selling a house

If you want out, then help them sell.

I was a realtor and it is unbelievable how important staging a house can be. Buyers sometimes can't get past the stupidest things, I've seen people reject a $250,000 house because they didn't like the wall paper in the hall bath. Another time I sold a house to a couple who had rejected the house a couple of months earlier. When I got the listing I had the homeowners pack up all their nik-naks and repaint the turquoise walls and a few other minor things. I told them packing the nik-naks was to their benefit so that none of their precious momentos walked off. You're moving, so it needs to be done anyway. Why not now. Also, scent is very powerful. The reason they baked them in your house was to make sure it smelled the whole place up, they could have come in and tried to bake bread for 4 hours lol. If you don't want to bake cookies, simmer some apples and cinnamon on the stove. You could eat the apples after but the cookies usually taste better. Taking down your pictures is something you should go ahead and do, again, buyers are just plain stupid ... at times and your pictures make it your home, no pictures let's them envision themselves there.

The LL should NOT, however force you to plant flowers but instead should do it themselves at their expense and then knock a couple of bucks off to have you water them.

As far as you leaving, during the showings, it is really hard to show a house if there's some guy laying on the couch in his underwear and kids throwing their toys at each other screaming at the top of their lungs, really did happen to me once. That tenant was doing everything he could to not get the house sold because he wanted to stay. I know you're not doing that but you get the idea. I think a compromise however could be reached with calmer heads.

As far as the LL going through your things, prospective buyers, who should not be left alone, do tend to open everything. It might not have been the LL.

If you want to see any of that stuff first hand, watch A & E's "Sell this house", as buyers are caught on hidden camera during open houses, actually quite funny and informative.

Of course this is stuff that you probably should have heard 6 moths ago. If you were here in So FL, the house would have been sold even with the half naked guy and screaming kids in 6 weeks, 6 months seems a long time to be on the market.

As for your situation now, sounds like you're stuck between a rock and a hard place, although they can't refuse to let you leave......... just pack up and leave. The worst they can do is sue you for any rent they are out after mitigating their loses. That of course could run you a lot of money.

At this point, you could try and talk to them with a clearer understanding of trying to get the house sold and possibly a reduction in rent for your bending over backwards, extreme cooperation in trying to sell the house. If you get paid weekly, maybe they would accept the rent weekly.

But I'm not a lawyer and I'm not in Oregon, good luck with what ever you do.