So a realtor came into my house unannounced today...

General Landlording & Rental Properties
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So a realtor came into my house unannounced today...

Jamie Scharbrough
Raleigh, NC · Member since 2015 · 28 posts · 6 votes

I was at work, but my husband works from home. We live in a duplex. Our landlord is awesome, but I noticed the other side of the plex wasn't moving. We have a signed year long lease. 

My husband was sitting on the couch and working (and fortunately he decided today was a good day to wear pants instead of pjs) when our front door was unlocked and a woman walked in, with a prospective behind her. 

To say my husband was stunned is an understatement. We just moved in a couple months ago, and are actually still unpacking (the joys of being bookworms), so our side still doesn't look that great. 

He asked her what she was doing and she explained she was a realtor. My husband, thinking maybe our landlord had hired a property management company to do the showings of the other unit, explained that this side was rented and she wanted the other side. 

Then she demanded--DEMANDED--to know when our lease was up. My husband told her to leave. She got snotty with him. He told her to get out or he'd be calling the police. She left and he called our landlord.

Landlord was rightfully pissed off and explained that the realtor should NOT have had a key to our side and that he'd be fixing it. 

My question, BP, is this: if the house does sell, and they want us out, can they break our lease? I'm pretty sure they cannot. I also know NC does not have the "owner or immediate family" clause. 

We JUST moved in, we have ten months left, and I'm frankly, kind of alarmed that a real estate company thought it was okay to not only just come into our house with no warning, but to think they had any right to demand information out of us. 

Besides making our landlord aware (which we did), is there anything else we can do?

I'd also note that a lot of people have been peering in our door window for WAY too long when they were clearly looking for the other side. (I timed one dude, who kept staring in for five minutes.) We put up a curtain over that window...ironically before the realtor barged in. 

Short of putting a sign up on our door, what can we do?

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Jon Holdman
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
11y

If the property is sold, the new owner MUST abide by your lease.  Leases run with the property and remain in effect if the property is sold.  They cannot just kick you out.  Though sometimes new buyers do try such monkey business.  If they do want you out, you should demand a payment for your inconvenience.  

Sounds like your landlord does have the property for sale.  Read your lease and see what it says about showing in this situation.  You should have some provision to be notified in advance when showing will occur.  You probably cannot prevent these, but you can refuse to let someone in if they show up unannounced.

If you feel you were wronged by the agent who did come in, you could call the brokerage and ask to speak to the managing broker.  Getting snotty with your husband is clearly inappropriate.  

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  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    11y

    If the property is sold, the new owner MUST abide by your lease.  Leases run with the property and remain in effect if the property is sold.  They cannot just kick you out.  Though sometimes new buyers do try such monkey business.  If they do want you out, you should demand a payment for your inconvenience.  

    Sounds like your landlord does have the property for sale.  Read your lease and see what it says about showing in this situation.  You should have some provision to be notified in advance when showing will occur.  You probably cannot prevent these, but you can refuse to let someone in if they show up unannounced.

    If you feel you were wronged by the agent who did come in, you could call the brokerage and ask to speak to the managing broker.  Getting snotty with your husband is clearly inappropriate.  

    3Reply
  • Stan Butler
    Investor · Roswell, GA · Member since 2008 · 231 posts · 104 votes
    11y

    While @Jon Holdman is correct in that the new owner must abide by the lease, they could give you the required notice for early termination as soon as they close.  I dont know what the law is in NC, but I would imagine its 60 days.

    1Reply
  • Michell P.
    Residential Real Estate Broker · Portland, OR · Member since 2015 · 153 posts · 105 votes
    11y

    Grab their business card before you kick them out - and report them to their brokerage.  That kind of behavior is unacceptable and their broker will most likely be completely on your side.  

    If people are staring into your window and invading your privacy, you can call the police - they are trespassing, and you have rights.  

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  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    11y

    "Landlord was rightfully pissed off and explained that the realtor should NOT have had a key to our side and that he'd be fixing it. "

    The realtor didn't just magically get the key.  Someone must have given it to her.  You should have been given notice before someone shows the place.

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  • Jamie Scharbrough
    OP
    Raleigh, NC · Member since 2015 · 28 posts · 6 votes
    11y

    But could they early terminate if we're in good faith and standing (ie, still paying our rent on time)? 

    According to my husband, who spoke to our landlord, he'd also just rented the other side and they're moving in next week. (I forgot to mention this, sorry all.) So I'm not sure how profitable it would be for a potential buyer to have a filled house with leases set in place (I mean, unless they're getting into the landlord business). 

    I'll check the lease in regards to showing when I get home. We had no notice of any kind, and our landlord specifically said the realtor should not have had a key to our side anyway. 

    The whole thing is just a little weird. If he's trying to sell the other side, okay, but trying to sell a house that already has tenants who've just started their leases? Unless you're actively looking to get into the landlord business, it doesn't make a whole lot of sense.

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  • Jamie Scharbrough
    OP
    Raleigh, NC · Member since 2015 · 28 posts · 6 votes
    11y
    Originally posted by @Dawn Anastasi:

    "Landlord was rightfully pissed off and explained that the realtor should NOT have had a key to our side and that he'd be fixing it. "

    The realtor didn't just magically get the key.  Someone must have given it to her.  You should have been given notice before someone shows the place.

     Dawn, I agree, but it sounds like my landlord originally gave her a key, then rented to us and forgot to get it back? I'm not sure. 

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  • Jamie Scharbrough
    OP
    Raleigh, NC · Member since 2015 · 28 posts · 6 votes
    11y
    Originally posted by @Michell P.:

    Grab their business card before you kick them out - and report them to their brokerage.  That kind of behavior is unacceptable and their broker will most likely be completely on your side.  

    If people are staring into your window and invading your privacy, you can call the police - they are trespassing, and you have rights.  

     Ack, Michell, I didn't think about that! It's a good idea. I know what brokerage they're from though, so I'll be contacting them.

    0Reply
  • David F.
    Queens County, NY · Member since 2015 · 3 posts · 0 votes
    11y

    Really sorry to hear about your experience with this agent.  As a licensed real estate broker it disgusts me that there are people like this working in our profession.  My suggestion is that you change the locks and even add a dead bolt to the door.  You may even want to consider adding an inexpensive DIY home security system.  Imagine your husband stepped out or was in the shower this would have not went well.  As far as your lease goes the landlord should have to honor the terms.  You should check with someone familiar with RE law in NC to be sure.  

    0Reply
  • Mary lou L.
    Investor · Wichita Falls, TX · Member since 2014 · 382 posts · 123 votes
    11y

    Did you look on the mls to see if your house was listed? I know i would be to find out who the listing agent/company is.

    0Reply
  • Elizabeth Colegrove
    Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    11y

    without know your neighborhood or rental class it is hard to say who would want to "buy" the home. Being a duplex it's a great live on one side rent the other. If it is an investor area where the number work for them having it also filled is great too.

    As for the lease terminate or if the new landlord has to recognize it depends on the law and your lease Usually unless it's a state law or in the lease, a tenants lease must be honored!

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  • Account Closed
    Investor · Mount Pleasant, SC · Member since 2015 · 43 posts · 21 votes
    11y

    Can you call or email the landlord and ask if they plan on selling and what their intent is?

    0Reply
  • Dawn BrenengenBusiness Member
    Moderator
    Real Estate Broker · Raleigh, NC · Member since 2014 · 2k+ posts · 1k+ votes
    11y

    @Jamie Scharbrough Yes, in NC your lease has to be honored, even if there is a new owner. There is no 60 day notice, etc. You can stay until your lease runs out. Do you know if your home is listed in MLS? If you want to PM me your address, I can look it up for you.

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  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
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    I am not sure of the laws in NC, but in CO, you can file a complaint with the state licensing board. They take those complaints very seriously. As an agent, I never want to get that call...

    As an agent, I knock on the front door before unlocking it for a showing, and if there is no answer, I unlock it, then announce myself before stepping inside. Common courtesy. I would absolutely give her managing broker an earful, this is unacceptable behavior. Good luck!

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
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    When I show property or go in property with my MLS privileges. I always bang on the door like a cop and yell REal Estate Real Estate.. I don't want to get shot... walking into a home that is occupied without announcing your self is very dangerous for the Agent.

    Not sure how the other agents who answered on this thread do it.. but thats what I do on the rare occasions I am actually walking into someones home.

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
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    @Mindy Jensen  you beat me to.. it last thing I am going to do is just barge into someone's home... that can be suicidal in today's environment..  And of course when we are in the HOOD we have our glocks at the ready  LOL

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  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    11y

    I think you should send an email to the landlord saying you will hold him responsible for any missing items in your unit, if you are not given proper notice and the choice to be home when there is a showing.

    Honestly, I'd change my locks and not tell the landlord.  If he says anything say, well, you know there's been a problem with people just coming in unannounced, so this way we can be sure we will be home and get proper notice.

    Yes, technically, you're supposed to give a key to your landlord.  But, I've done this a couple times as a tenant when I knew my landlord was coming in without notice.  Then you basically dare them to say, "Um, I noticed I couldn't get into your apartment when I was trying to get in without notifying you..."

    They can only come in unannounced for emergencies.  And if there's truly an emergency without you being home, they can just break a window.

    If he insists, say sure, give him a key, then have it re-keyed again.  That's what I did in one place I rented, where the manager's son kept coming in when I wasn't home.  Very creepy.

    You can remove the locks and take them to somewhere like Home Depot, and get them re-keyed pretty cheaply.

    0Reply
  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    11y

    @Stan Butler this could be true in some areas:

    But in most states there is no way for the landlord to unilaterally terminate the lease prior to its end date.  Not with 60 days notice, not with any notice.

    1Reply
  • Stan Butler
    Investor · Roswell, GA · Member since 2008 · 231 posts · 104 votes
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    In many leases I have seen, there is a provision for early termination and the new buyer of that property could invoke that upon closing.  @Jon Holdman is correct in that the applicable state law must be followed if no early termination clause is provided.  My assumption is probably incorrect that most states have laws covering early termination, but would most likely have them for tenancy-at-will scenarios.

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  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    11y

    There is a couple of things. Just because a provision is in a lease does not make it enforceable or correct in a court of law.

    Some tenants will not challenge things so landlords put all kinds of stuff in there that wouldn't fly in court.

    Landlord tenants laws vary by state.

    There is a difference between 2 months into a 1 year lease and a lease where the one year has expired but it is now month to month with continuing terms of the contract.

    If a tenant is unsure who owns the property or where to pay then they can put the rent into an escrow where they can show they were willing to pay rent and held it there for that purpose until they gained clarity on the situation. Most judges would deem the tenants reaction reasonable and if ownership was proven have the tenants immediately pay that into the courts for holding and dispersing once the landlord on the case has proven ownership to the courts.

    There were situations where an owner was getting foreclosed and didn't tell the tenants. The bank foreclosed and wanted the tenants out. The tenants were 3 months into the lease agreement. They didn't know who to pay the rent to. If a tenant just goes "no harm, no foul" and doesn't earmark the rent money in a bank account to show they were paying then in court it is likely the tenants lease will not stand up. The judge will say by choosing not to save that rent money waiting to find out they just spent the money therefore the lease is in default and has been invalidated.

    There are also times where a lease is invalid if it is a sweetheart lease way below market rent to friends or family of the previous owner etc.

    So this is not a simple issue and depends on the circumstances at hand. If the lease signed by the tenant states that the tenant will move within 30 to 60 days notice upon sale of the owner etc. then the tenants agree to invalidate their remaining protection. This all goes back to what was signed and is it enforceable over the state's landlord and tenant law provisions.

    No legal advice given.

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  • Jamie Scharbrough
    OP
    Raleigh, NC · Member since 2015 · 28 posts · 6 votes
    11y

    Hi everyone,

    I apologize for being absent; we had a death in the family and I was dealing with that. I haven't had a chance to go back and read all the questions, but I saw a couple that I can answer now. 

    The realtor did not stay in the house for more than 10 minutes, according to my husband; she didn't even move from just inside the door, so unless she wanted to filch the ugliest, creepiest 1950s style ashtray ever, I think we're okay on missing items. 

    On Sunday, ANOTHER realtor was in the unoccupied side of the duplex and he stopped at our door and TRIED a key. He had either 1 person or 2 people with him. I made the landlord aware of this as well. The key did not work and he left. 

    However, not 30 minutes ago, my landlord texted me and asked if he could enter the house on Thursday, as he had a strong buyer. We're going to be looking over the lease, but thank you to the person above who pointed out that in NC, they have to honor the lease as long as we're not violating it. 

    Unfortunately, this means that if these buyers are successful, they may not renew in 10 months, so we have to pack everything up and find somewhere to live. I know 10 months is a long time, but it'll go by in a blink, and we JUST got moved in. 

    I'm pretty upset about the whole thing. 

    Thank you, again, to everyone who's offered advice and help. I'm going to go read your comments now, just wanted to give an update. 

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  • Randy E.
    Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
    11y

    Thanks for the update, @Jamie Scharbrough.  I'm sorry you have to deal with this after just recently moving.  I hope everything works out for the best.

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  • Paul Ewing
    Investor · Boyd, TX · Member since 2014 · 688 posts · 467 votes
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    @Jamie Scharbrough more than likely the new buyer will be an investor or house hacker (living in one side and renting out the other) then if you are paying market rent and are a good tenant paying on time and not damaging the place there is a good chance that the buyer will want you to stay after your initial lease is up.  Tenant turnover is a pain and expensive so it is landlords want to  keep go tenants.

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  • Jamie Scharbrough
    OP
    Raleigh, NC · Member since 2015 · 28 posts · 6 votes
    11y

    Thanks Paul! I hope you're right!

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  • Susan Pompea
    Colorado Springs, CO · Member since 2012 · 39 posts · 12 votes
    11y

    I'd call the police and file a complant. What she did was illegal. What if your husband had a gun and thought someone was breaking in?  Also, you can contact consumer protection office. I got this informatation from a NC tennant/ landloard handbook.

    1. NC Attorney General’s Office – Consumer Protection

      1-919-716-6000; 1-877-5-NO-SCAM (toll free 

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  • Jamie Scharbrough
    OP
    Raleigh, NC · Member since 2015 · 28 posts · 6 votes
    11y

    My husband DOES have a gun. In fact, our gun safe is currently right by the door. He's also a former soldier so...yeah, she's lucky. 

    This whole thing is weird. My husband just mentioned yet ANOTHER realtor showing people the empty side (are 3 realtors a lot? I do not know if they're all from different companies). AND he mentioned the main front door is now messed up. The main front door opens into a little foyer and then there are two doors, one for each side. He's sending me and our landlord a picture. He's almost positive the realtors somehow messed it up, because we use our back door. 

    If I can, I'll show you a picture once I get it. 

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