Legal Question in Real Estate Law in California

Renters Rights

Is it legal for a real estate agent to request the key to the house we are renting for the purpose of letting in an appraiser, termite inspectors and whom ever he wants to come in? We haven't even received a written 30 day notice from our landlord yet. Our landlord verbally told us that he has sold our house. The landlord resides out of state. Today the real estate agent was here w/ an inspector and spent 2 hours assesing the property (inside & out) I feel this would be an invasion of privacy. I know he's acting as an agent for the owner but he did not present us with anything in writing such as a Power of Attorney. I don't know what the law has to say about this. Plus this real estate agent was aggressive and was intimidating me to give him the key. Please help. This guy is scary.


Asked on 3/25/01, 2:54 am

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Renters Rights

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

A landlord may enter a tenant's "dwelling unit"

during the tenancy term only for the following

reasons: Emergencies, Showing to new tenants (To

show the unit to prospective or actual new tenants,

purchasers, mortgagees, workers or contractors),

Repairs, To Supply Services, Waterbed inspection,

Abandonment or surrender, Court order, By

agreement.

Time of Entry: Except in emergencies or when

the tenant has abandoned or surrendered the unit,

the landlord may enter (again, strictly for one

of the above purposes) only during normal business

hours unless the tenant consents at time of the

entry.

Notice of Entry: In addition, the landlord must

give the tenant "reasonable notice" of intent to

enter, except in emergencies or when the tenant

has abandoned or surrendered, or unless it is

"impracticable" to give reasonable notice. Twenty-

four hours' advance notice is presumed "reasonable"

absent evidence to the contrary.

As the landlord's agent the realtor would presumably have

to abide by these provisions.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Read more
Answered on 5/30/01, 2:38 pm


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