Legal Question in Real Estate Law in California
My landlord is currently in foreclosure and is trying to short sale the house. As the tenant am I required to show the house to prospective buyers and if so how much notification am I to recieve before having to show the house?
3 Answers from Attorneys
It depends on the language of your lease. Read your lease and it may contain a provision which governs how much notice must be given for access to the property. If the lease does not address the question, then generally a landlord must give 72 hours notice of intent to enter the property unless it is an emergency. You might let your landlord know that you will be much more cooperative in showing the property if he provides some sort of incentive such as a temporary reduction in rent for the inconvenience. Otherwise, insist that they give you the required notice each and every time they show the house. Also, most residential leases do not cover the installation of a lockbox, but I would refuse to allow the lockbox unless you are required to do so in your lease. You are not required to allow the lockbox as it gives Realtors unfettered access to your home when you are not there - again, violating the 72 hour notice requirement.
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I don't know where Mr. Gibbs gets the 72-hour figure, Civil Code section 1954 controls this generally, and its subsections (d)(1) and (2) state that 24 hours' notice is presumptively reasonable notice. Further, the notice can be given orally in person or by telephone if the tenant has previously (within the last 120 days) been given notice that the property is for sale.
However, you (the tenant) don't have to conduct a showing; all you are required to do is to allow the landlord, the landlord's agent, and hte prospective purchaser to come in and look. As a matter of self-protection, of course, you probably will want to keep an eye on the process.
I suggest that you look up Civil Code 1954 and read it yourself.
I agree with Mr. Whipple. You can find a copy of Civil Code section 1954, and many websites discussing it just by googling it.