Legal Question in Landlord & Tenant Law in California
I currently rent the property I live in. The property is being sold. The realtor has repeatedly asked to show the property with less than 24 hours notice. When I have been able to, I have accommodated these requests. However, when I informed the realtor that I would be unable to personally allow access during a requested time, he then reported to the property manager that I refused to show the property. The property manager then sent an email followed by a personally delivered printed notice stating that I was violating my lease agreement. I replied to the email indicating that access had not been restricted (no locks changed, entry blocked in my absence, etc.) Have my rights been violated and should I seek the services of an attorney?
1 Answer from Attorneys
Your rights have not been violated unless they take more action than asserting you are in violation. Inform the property manager that you are entitled to 24 hours written notice by law, unless they gave you formal written notice that the property would be shown for sale AND give you at least 24 hours verbal notice. Tell them that as long as they comply with the law, so will you, and that if they ask for shorter notice you will accommodate them if you can, but you are under no obligation to do so. Put that in writing, stating that it is in response to the notice you received, and deliver it in the same manner as they delivered the notice. If they then fail to give proper notice or take other action, you may have a rights violation.
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