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.
1 Answer from Attorneys
Re: Renters Rights
Dear Inquirer:
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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.