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Finances & Real Estate Landlord Selling House; Question About Showings

Discussion in 'General Discussion' started by elea.mcfadden, Nov 26, 2013.

  1. So my landlord is selling the house in which I rent a suite. He's a good guy, so I'm happy to cooperate when prospective buyers want to see my suite and gave permission to the Real Estate agent to enter my suite with 24 hours notice (each time).

    Here's the issue. It seems to be a courtesy that I not be there on site when the showings take place. I can't find anything legal saying I actually have to temporarily vacate the premises. Am I obliged to leave? I've left the past 6 or 7 times they've had a showing, but sometimes it isn't always convenient. I work from home sometimes and I have a child.

    What's the protocol?
     
  2. Boyvan

    Boyvan Junior Member

    Well.... you said it yourself that it is a courtesy that you not be there. You don't have to leave as long as you are comfortable when these potential buyers come. From a security point of view....if you live alone with your child....then these buyers would have not only seen your house layout but would also see that its just the two of you that live there.
     
  3. milquetoast

    milquetoast Senior Member

    You do not have to vacate the premises.

    Selling a Tenanted Residential Property - Showing the property
    Section 29 of the Residential Tenancy Act

    Before showing the rental unit, the landlord must have the tenant’s agreement or give the tenant proper written notice that states the date, time and reason for entry. The tenant must receive the notice at least 24 hours, and not more than 30 days, before the time of entry. Ideally, a tenant and landlord agree on a schedule of viewing times to include in a single notice. Otherwise, the landlord must give the tenant notice each time before showing the rental unit. When notice has been given, the landlord can show the rental unit even if the tenant is not home. A landlord may enter common areas of the property at any time without giving the tenant notice.

    The landlord must keep in mind that a tenant is entitled to reasonable privacy and freedom from unreasonable disturbance. A notice indicating showings will take place daily from 9 a.m. to 9 p.m. for a three-week period would be unreasonable.

    A lockbox cannot be used without the tenant’s permission.

    If the rental unit is for sale, when can the property be shown?
    Before a rental unit is put on the market for sale, it is best if the landlord and tenant work out a viewing schedule. A landlord has the right to show the unit to prospective buyers, and a landlord has a duty to provide the tenant with quiet enjoyment for a rental unit. This means the landlord must be reasonable in the requests for entering the rental unit. By developing a schedule beforehand, the landlord and the tenant will have a common understanding of "reasonable" and the landlord's real estate agent can schedule viewings that meet requirements of both the landlord and the tenant.

    Generally, a landlord, or a landlord's agent, must give written notice at least 24 hours and not more than 30 days in advance. The notice must give the reasons for entering and the time that the landlord will enter the rental unit, which must be between 8 a.m. and 9 p.m., unless the tenant agrees to another time.

    Showing a unit to prospective buyers is a valid reason to enter a rental unit. The key is the time that the notice is received, not when it was sent. The date that a notice is considered received depends on when it was sent:
    • Same day, if hand delivered
    • Three days later, if faxed, taped to the tenant's door or put in the tenant's mailbox
    • Five days later, if sent by regular or registered mail.
    If the landlord, or the landlord's real estate agent, does not follow the schedule, the tenant may apply to the Residential Tenancy Branch for dispute resolution, seeking an order to restrict the landlord's entry.
     

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