Legal Question in Landlord & Tenant Law in California

I've given 30 days notice. Can my landlord insist on showing the apartment for a 3 hour open house during a holiday weekend? Do I have to agree to this?


Asked on 5/28/10, 9:59 am

2 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

The first place to look for your answer is in your written lease, if there is one. Often, written leases require the tenant to allow "reasonable" access to the landlord to show the apartment, when the tenant's tenancy is coming to an end. If you have such a provisio in a written lease, contact the landlord IN WRITING to let him or her know when your apartment will be available for showing. I suggest that you are there, during the showing. If there is no written lease, I would tell the landlord to go fly a kite, if he wants to enter your apartment, solely for the purpose of showing it to prospective tenants. Note that a landlord can ordinarily access a tenant's apartment for emergencies, even without the tenant's approval. Showing the apartment to prospective tenants is not an emergency.

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Answered on 5/28/10, 1:35 pm

Saltzman's answer is absolutely wrong. A landlord can enter the premises at any time for any reasonable business reason, provided it is after at least 24 hours notice if it is not an emergency, and it is during regular business hours, which have been held to include weekends during the day. You probably have the right to exclude him on the holiday itself.

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Answered on 5/28/10, 4:29 pm


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