Colorado renters rights (part 2?) Landlord prohibiting me from house during showings

[GMR]

So I subleased a room in a house of which the landlord is one of the roommates. When I signed the lease, he mentioned he only wanted to do a 6 month lease at the time because he was thinking of selling the house. Ok fine.

Then, with 2 months left on the lease, he has had a realtor over doing an assessment, called over a cleaning crew, all with 0 notice to me. I'd go to work/ski, come back with a realtor parked in my spot in the driveway or a cleaning crew going through the house (including my room). And I'm embarassed because I leave work in a rush so my room is far from tidy.

Now, the realtor still comes for showings. I just had a brief meeting with the roommates (felt like an intervention with them all sitting around at a table in the kitchen waiting for me to come down) telling me that the house now has open house M-F from 2-5PM so I can not be home those hours, and the realtor may also give an hour notice of showings during other times.

I asked him what I'm supposed to do then, he says do some shopping, grab a beer..uh...?? Great, spend money because I can't be at home..

So I'm beyond pissed. I haven't talked about rent yet, but what do I say? Rent is due in a couple days and at this point I'm thinking that I either should be getting at least half off rent, or able to terminate my lease immediately and my damage deposit can be prorated for the days it takes until I leave. I'm not about to write another full rent check with this going on.

Heres what's in the lease: "11. RIGHT OF ACCESS: Management shall have the right of access to house, without notice, for inspection and maintenance during reasonable hours. In case of emergency, Management may enter at any time to protect life and prevent damage to property. During the last sixty (60) days of residence occupancy in said premises, Management shall have the right to place yard signs, and shall have right of entry to premises for the purpose of showing prospective tenants said property."

So reading that, yea showings is expected. But can I be told that I'm not to be home? And I'd rather not be home, but no way I'm paying the full rent amount.

[WolFeYeZ]

telling me that the house now has open house M-F from 2-5PM so I can not be home those hours, and the realtor may also give an hour notice of showings during other times.

That's fucked up. From what I know you should have legal access to the space you rent. I have nothing to back it up, but just seems logical.


11. RIGHT OF ACCESS: Management shall have the right of access to house, without notice, for inspection and maintenance during reasonable hours.

I would never sign a lease with these terms... Random inspections without notice sounds like a fun way to live... NOT. You signed away your right to privacy so you have to deal with a cleaning crew or realtor coming through your room whenever they want (during reasonable hours).

[GMR]

That's fucked up. From what I know you should have legal access to the space you rent. I have nothing to back it up, but just seems logical.



I would never sign a lease with these terms... Random inspections without notice sounds like a fun way to live... NOT. You signed away your right to privacy so you have to deal with a cleaning crew or realtor coming through your room whenever they want (during reasonable hours).

An inspection and maintenance from the manager is far different than a showing to Johnny Q. Public. I don't have anything to hide from management besides a frequently untidy room

[Filo]

Now, the realtor still comes for showings. I just had a brief meeting with the roommates (felt like an intervention with them all sitting around at a table in the kitchen waiting for me to come down) telling me that the house now has open house M-F from 2-5PM so I can not be home those hours, and the realtor may also give an hour notice of showings during other times.

Rent is due in a couple days and at this point I'm thinking that I either should be getting at least half off rent, or able to terminate my lease immediately and my damage deposit can be prorated for the days it takes until I leave. I'm not about to write another full rent check with this going on.

Heres what's in the lease: "11. RIGHT OF ACCESS: Management shall have the right of access to house, without notice, for inspection and maintenance during reasonable hours. In case of emergency, Management may enter at any time to protect life and prevent damage to property. During the last sixty (60) days of residence occupancy in said premises, Management shall have the right to place yard signs, and shall have right of entry to premises for the purpose of showing prospective tenants said property."


First, don't just unilaterally not pay your full rent. If you do, you will be in violation of the lease and that will put you in a worse situation. Without looking at the whole lease, I can't say if the landlord is in violation (possibly not) or if he is just being an asshat in his legal right. I would go with negotiation with the landlord first, telling him your concerns. Do it politely and logically and decide ahead of time what you want to ask for - reduced rent, early release, cessation of the unending open house, whatever. If you can't come to an agreement, you may have to seek legal council (which, for the record, this is not and I am not a lawyer) or, alternatively (and better in my opinion) seek mediation. Most cities offer free lease mediation - check your city.

Since the lease does not indicate showing time frames, it will be open to interpretation. However, the landlord entry statutes mean the landlord can enter as long as entry does not cause you to lose the ability to peacefully enjoy your home. Given the M-F 2-5 nature of the open house (which from my experience is fairly unusual), you may have an argument that your are losing that ability. That is probably the best point of discussion. There is nothing in the statutes that say they need to give you notice or they cannot park in your parking spot, so although those things are clearly annoying you, you may be out of luck on them.

I have a number of rentals and have sold some of them (and bought all of them) and have never had a standing open house every day of the week. I have, however, negotiated terms when something unusual came up. But I am not an asshat like most landlords.

Remember - this is not legal advice, just my opinion.



I would never sign a lease with these terms... Random inspections without notice sounds like a fun way to live... NOT. You signed away your right to privacy so you have to deal with a cleaning crew or realtor coming through your room whenever they want (during reasonable hours).

Section 11 is a fairly standard wording for the access clause in Colorado. If you aren't going to sign a lease with that in it, you are going to be fairly restricted on where you can rent.

[WolFeYeZ]

Section 11 is a fairly standard wording for the access clause in Colorado. If you aren't going to sign a lease with that in it, you are going to be fairly restricted on where you can rent.

I don't think the without notice part is normal. 3/3 of my leases have not had inspections without without notice. Here are quotes from the last 2.


Access by Owners to Premises. Subject to Tenant’s prior consent (which shall not be unreasonably withheld), Owners shall have the right to enter the Premises to make inspections, repairs, and provide necessary services. As provided by law, in the case of an emergency. Owners may enter the Premises without Tenant’s consent. Keys providing such access to the premises shall be in possession of Owners during the term of this agreement.


31. LANDLORD ENTRY: In addition to the rights provided by applicable Colorado law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premised or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

[tecknojoe]

Dear roommate,

2pm - 5pm M-F, in my room, is now naked penis swinging time. The room will be cleaned and in showable condition during this time.

:)

[Filo]

I don't think the without notice part is normal. 3/3 of my leases have not had inspections without without notice. Here are quotes from the last 2.

All the leases I do have 24 hour notice. However, there is no state law defining proper notice, so it doesn't have to specify a time and if it doesn't (as in your first example) no notice is required as long as there is no interference with your right to peaceful enjoyment. For your first lease, they can show up, knock on the door and ask to come in and that would be prior consent. If you are not there, of course, the are not allowed in unless it is an emergency.

However, renters, remember this is all negotiable. If you see something you don't like (such as this) you can ask for it to be changed before you sign the lease. Personally, I wouldn't sign a lease that had no notice spelled out.

[WolFeYeZ]

Personally, I wouldn't sign a lease that had no notice spelled out.

That is exactly what I said...

[Filo]

That is exactly what I said...

I know. Were we arguing and I didn't realize it?

[GMR]

Well we did negotiate, I asked for half off he countered with 1/3 off with utilities included. I'm never home so they generally don't ask much from me for utilities, so I still feel I owe a bit and it's alright.
Also, sounds like for whatever reason my lease ends half a month later than pretty much everyone elses. Landlord probably didn't look through each lease when deciding to show, just kind of assumed since everyone else will be moving out about the same time. We'll see what my case is.
Just got a storage unit. Put one of my bikes there, took a long ass run back from storage due to that damn Sheridan bridge construction that closed off the sidewalk...

Ready to ride (or ski)

[Filo]

Well we did negotiate, I asked for half off he countered with 1/3 off with utilities included. I'm never home so they generally don't ask much from me for utilities, so I still feel I owe a bit and it's alright.
Also, sounds like for whatever reason my lease ends half a month later than pretty much everyone elses. Landlord probably didn't look through each lease when deciding to show, just kind of assumed since everyone else will be moving out about the same time. We'll see what my case is.
Just got a storage unit. Put one of my bikes there, took a long ass run back from storage due to that damn Sheridan bridge construction that closed off the sidewalk...

Ready to ride (or ski)

Good for you. Get it in writing to avoid problems down the road.

[kingtut]

Dear roommate,

2pm - 5pm M-F, in my room, is now naked penis swinging time.

So that's what you've been 'busy' doing everyday from 2-5.. It all makes sense now. It's unfortunate, as I've always had a sincere interest in the proper mechanics of naked penis swinging. I think I've been doing it wrong.

Disclaimer: I want nothing to do with your penis. Just so there's no misunderstanding here.