Legal Question in Real Estate Law in California

Renter's Rights

Our landlord's real estate agent recently put a lockbox on the door to the house we are renting from them without written consent, as they are selling the house. Do they have the right to do that without written consent from all of us? What are our rights in this matter?


Asked on 7/10/00, 12:45 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Renter's Rights

Civil Code section 1954 (available to read at your local library or law library) governs the landlord's right of access. In summary, the landlord has the right to show rented property to actual or prospective buyers during normal business hours and with reasonable notice to the tenants. 24 hours notice is presumed to be reasonable and shorter notice can perhaps also be reasonable in some cases.

Putting a lockbox on your door invites violation of Civil Code 1954 and also invites lawsuits from tenants for missing property. Therefore, it is an extremely dumb move by the landlord, but is not in and of itself a violation of the law. The first "visitors" who use the lockbox without you getting reasonable advance notice will give rise to a violation, however. Most landlords and most real-estate brokers would not place a lockbox on tenant-occupied premises even with the tenant's consent, because of the potential liability.

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Answered on 9/09/00, 11:06 pm


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