Legal Question in Landlord & Tenant Law in California
Unannounced Realtor
This home is up for sale by the owner and she has given the key to her realtor. This evening I came home and someone had been through the house and had put my dog in an unacceptable room. WE don't even use it, terrible Mildew issues. The poor thing had no air or water for hours in over 95 degree weather. Am I not correct that Realtors must ASK permission to show a property and cannot JUST WALK IN when they want? Also, do they not have to view the house during regular office hours? They came in after 6PM
2 Answers from Attorneys
Re: Unannounced Realtor
You are in general correct; the landlord is only entitled to reasonably interfere with your right to use the house. Complain to the landlord, find out who the one who came in was, protect yuor valuables including taking down serial numbers, post signs onthe front door and inside that you have a dog and it can not be moved, you are not responsible for it hurting anyone, you have no objection to a reasonable showing of the house when an appointment is made with you, video tape your more costly possessions so if something is stolen you have evidence of its existence.
Re: Unannounced Realtor
Go to a search engine, and look up California Code 1954. This will indicate what must be done by landlord and realtor to properly show the house.
As to the dog, WRITE the realtor and tell them next time it happens, you will report them to your local Animal Control office. They will file charges against realtor. Keep a copy, and send copy to the landlord.
Write also to landlord concerning the mildew issue, and, if not corrected, report to the local housing inspector.
Finally, you may want to have a lawyer write letters to landlord and realtor concerning the above.
Good luck!