Sales of existing homes slipped from August to September but were still up strongly from a year ago — a sign that the national housing market is finding solid ground, the National Association of Realtors said today.

At a seasonally adjusted annual rate of 4.75 million, sales of single-family homes, townhomes, condos and co-ops were down 1.7 percent from August to September, but up 11 percent from a year ago.

September sales of existing homes were up 11 percent from last September with a seasonally adjusted annual rate of 4.75 million, which represents a slight dip of 1.7 percent from August’s upwardly revised rate of 4.83 million.

The 2.32 million homes on the market at the end of September represented a 5.9-month supply, down from 8.1 months a year ago. Many analysts view a six-month supply of housing as an even balance between buyer and seller demand.

Thanks to tight inventories, the national median home price was up 11.3 percent to $183,900 from a year ago, the seventh month in a row of annual increases and the longest stretch of annual increases in six years.

“We’re experiencing a genuine recovery,” said Lawrence Yun, NAR’s chief economist, in a statement. “More people are attempting to buy homes than are able to qualify for mortgages, and recent price increases are not deterring buyer interest,” he said.

Low inventory will be a temporary issue, said Jed Kolko, Trulia’s chief economist. “Rising prices will get some homeowners back above water and willing to sell their homes, and tight inventory will encourage builders to keep ramping up new construction, bringing more new homes to market,” he said.

First-time buyers accounted for 32 percent of purchasers in September, up from 31 percent in August.

Foreclosures and short sales sold for 21 percent below market value, on average, and accounted for 24 percent of September’s sales.

All-cash deals accounted for 28 percent of September’s sales — up a percentage point from August and down two from last September.

Existing-home sales, September 2012

Seasonally adjusted annual rate	4.75 million
% change from September 2011	11.0%
% change from August 2012	-1.7%
National median price	$183,900
% change from September 2011	11.3%
Unsold inventory (months’ supply)	5.9
Share of all-cash buyers	28%
Share of investor buyers	18%
Share of first-time buyers	32%
Share of distressed sales	24%

Source: National Association of Realtors

All U.S. regions saw existing-home sales and prices rise in September from a year ago.

As was the case in August, the Midwest led the way in home sales with a 19.6 percent year-over-year increase to an annual rate of 1.1 million sales. The median price in the Midwest also rose in September from a year ago, up 7 percent to $145,200.

The South saw sales jump 14.2 percent from last September to an annual rate of 1.93 million. Median prices jumped, too, to 13.1 percent from last September to $163,600.

Home sales rose 7.3 in the Northeast on an annual basis to a rate of 590,000. Median prices in the region rose 4.1 percent to $238,700.

The West experienced a slight 0.9 percent yearly increase in home sales to 1.13 million, but saw the largest yearly median price jump of any region, 18.4 percent to $246,300, in September.

Q: We’re going to be selling our building, which will involve brokers and interested buyers looking at our apartments. Several tenants think we should give them many days’ notice and consult them when scheduling visits. Do our tenants have the legal right to make these demands?

A: Putting up with rental applicants evaluating a home’s potential or dealing with buyers eyeing the property during a sale are hassles every tenant encounters eventually. But most states give tenants some protections — more than half have laws that specify how much notice a landlord must give before entering a tenant’s apartment. Common periods are two days or 24 hours. Some state laws are less useful, requiring “reasonable notice,” whatever that means. Notice requirements don’t apply to common areas such as the lobby, hallways and recreation areas. In these places, owners are free to bring visitors at any time and without notice.

So the first thing you need to do is to find out what your state law has to say about showing rentals to prospective buyers and tenants. But aside from your legal obligations to give adequate notice, let’s think about how you might accommodate your tenants in other ways, too. Don’t forget that uncooperative residents can have a real effect on how nicely your property shows — you don’t want grumbling residents pointing out deferred maintenance, do you?

Consider asking to meet with a delegation from the tenants’ group to discuss how this transition time can be made easier for them. Think ahead of reasonable requests that won’t seriously affect your ability to market the property, such as being willing to show the property at specified times and days. You might also consider modest rent reductions to compensate tenants for the disruption caused by the sale.

A savvy owner will make these concessions, realizing that cooperation by building residents is essential to marketing efforts and eventual sale — no seller wants to try to navigate a sea of resentful, gloomy residents, and no buyer wants to inherit a building full of angry people.

Q: I have been asked to sign a clause in a residential lease that states that the tenant agrees not to make any claims against the landlord for any loss or damage caused by “any accidents beyond the reasonable control of Landlord.” Is this legal? –Davey R.

A: Your landlord is attempting to avoid lawsuits brought by tenants who have suffered economic losses or injuries on the rental property. These claims often arise. For example, suppose your landlord fails to maintain a set of lobby stairs, and you fall and are injured. You might decide to sue for medical bills, lost earnings, and pain and suffering.

Fear not. In virtually every state, the clause in your lease would not bar such a suit. That’s because the clause shields the landlord only from claims that result from situations beyond his reasonable control. In our example, the monitoring and repair of the lobby stairs are obviously his responsibility, not yours, and not anyone else’s.

It might strike you as odd that landlords think it necessary to tell tenants that they won’t be held responsible for accidents that are beyond their reasonable control. After all, it stands to reason that we would make people responsible only for the mistakes that they could have avoided. But that common-sense conclusion will not stop some tenants from making a claim or suing, who think that any accident on the landlord’s property is the fault of the landlord.

For example, suppose the tenant parks in his assigned parking spot, but during the night a branch from a tree planted on the street breaks off and smashes his car. Thinking that because the damage happened while his car was parked on the rental property, the tenant demands compensation from the landlord or the landlord’s insurance company. In such a situation, unless the tenant can prove that the landlord somehow could have avoided the accident (Did the landlord know of the tree’s frailty and fail to warn tenants? Was the landlord legally obliged to monitor the tree and trim it?), the tenant won’t collect. But in the meantime, the landlord will have spent time and effort defeating the claim.

The clause in your lease is placed there to remind tenants that the landlord’s ability to avoid accidents is limited to those situations in which he has control. But don’t assume that the “control or not” question is always black and white.

In California some years back, a landlord was held liable when a tenant slipped and fell on a broken concrete pathway that led from the rental property to an adjacent street. Even though the landlord did not own the land under the path and could not have repaired it on his own, he was aware that his tenants regularly used it as a shortcut and failed to warn them of the path’s dangerousness. That was enough to make him at least responsible.

In the end, signing off on this clause will not defeat a valid claim brought by a tenant who claims to have been injured or economically damaged by the landlord’s carelessness. If the claim is bogus (suing the landlord for an act of God, for example), it will get tossed out of court. If the question is close, the court will resolve it, regardless of what the lease does or does not say.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of “Every Landlord’s Legal Guide” and “Every Tenant’s Legal Guide.” She can be reached at janet@inman.com.

Bad landlords are bad news, and they come in many different types. They can make you hate living in an otherwise perfect apartment. However, it’s not easy to spot a bad landlord before you move in. Here’s how you can take steps to protect yourself, in case you’re stuck with one of the three most common types.

Type 1: The security deposit grabber

This landlord will consider your security deposit his from the get-go and will look for any excuse to keep your money when you move out.

Protection: Conduct a thorough walk-through before moving in.

Protect yourself against future problems before you move in. During the initial walk-through, make sure you document every flaw you find with your new apartment, even if it’s something that can’t be fixed, such as a stain on the countertop. Make sure to take pictures when you find something wrong, so you’ll have documentation. That way, if the landlord blames you for the problem, or tries to keep your security deposit, you have proof that the problem existed when you got there.

A few areas needing special attention:

• In the living, dining and bedroom areas: Are hooks left on the wall from a past tenant’s framed picture? Even if they’ve been painted over, write it down. How about the carpet? If it’s worn out, write it down. Also, ensure all lighting fixtures, outlets and switches are in proper working order. Inspect doorknobs and doors, windows (glass, locks, check that all will open and stay open) and window coverings. Also, remember to look through the peephole; this will often get painted over.
• Kitchen: Test every burner on the stove, plus test the oven. Inspect your refrigerator and freezer for cleanliness and dents and dings. Ensure that all of your cabinets will close, and that all of your drawers glide smoothly. Check countertops and cupboards for chips and stains. Check your dishwasher, sink and faucet. Finally, inspect windows, electrical outlets, etc, as you did in the living room, dining room and bedroom.
• Bathroom: Check the shower for mildew, as well as the grout around the tub. Flush the toilet to make sure it runs properly and make sure it does not leak. Verify that the faucets work and do not drip. Make sure your towel bars are securely affixed to the wall, and that the toilet paper holder is in place. Again, the key here is to verify the basics of the room.

Type 2: The intrusive landlord

This landlord does not respect your privacy or boundaries.

Protection: Establish a cordial distance from the start.

One of the worst kinds of landlords is the one who feels free to stop by at all hours, ostensibly to check something in the apartment or maybe just for a friendly chat. This typically happens when you rent a single unit in a private house or in a small rental building, and your landlord lives on the same premises. The landlord tenant-relationship can get too close, and you lose your privacy. If that happens, it is difficult to re-cast the relationship without hurt feelings, and you may end up having to move.

Type 3: The non-responsive landlord

This landlord is nowhere to be found when the heat stop coming in or shower turns into a trickle.

Protection: Stay calm, firm and document.

Make sure you first approach your landlord (or property manager) in a calm, friendly tone. Explain what you need fixed. When you realize that no one is making an attempt to fix the problem, you know you are stuck with a non-responsive landlord and need to take additional action.

Additional up-front protection: If you live in a large building or apartment complex, try to befriend your maintenance person — a nice tip on the move-in day can really pay off! Usually the maintenance person will be able handle minor fixes, like unclogging toilets, draining air from the radiator or replacing hard-to-reach light bulbs. You may be able to bypass the landlord entirely.

However, for bigger and more expensive problems like a chronic leak in the ceiling when it rains or replacing a window that won’t shut properly, you’ll need to get the landlord or management company to approve and finance the fix. If they are unresponsive, don’t give up. Continue asking for the fix in a firm tone, but also start documenting every instance you contact the landlord (or management company).

If there is still no response, you need to send a formal demand letter (you can find templates online). Explicitly state the problem, the dates and times you have reported it to management, and their ignoring of your request or their denial to fix it. Then send this letter to the landlord’s business address, using certified mail with a return receipt. Unless the problem is serious (lack of heat or water, for example), give the landlord or management company 30 days to fix it. If that doesn’t work, send another letter. This time, give them 15 days. If still no response, repeat. The third time, give them seven days. Use certified mail with a return receipt every time. If nothing has happened, you now have the documentation necessary to take the landlord to court.

Hopefully, you’ll find a nice apartment with a good landlord, and you’ll never have to deal with bad landlords. However, as you move into your apartment, it does not hurt to take steps to be prepared if the landlord turns out to be less than perfect.