Legal Question in Real Estate Law in California

Tennant Rights

I am living on a piece of property that just has been put on the market, The realitor wants keys to acces the place I am living. I requested that I would like to be home when he show the place as I do not want any one inside when I am not home. He is stating that he will come in whether I am here or not. What are my rights, as I have 30 days to vacate the property.


Asked on 3/13/01, 9:13 pm

1 Answer from Attorneys

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

Re: Tennant Rights

The landlord has a right to show the place to prospective buyers. You have a right to reasonable prioir notice. The statute says that 24 hours' prior notice is reasonable. Under some circumstances shorter notice could also be considered reasonable.

Further, the landlord can employ agents to do what he has a right to do in person. This would include real-estate agents.

It is considered a very bad idea, although maybe not illegal, for a landlord to put a lockbox on a property or give keys to the agent without the tenant's knowledge and approval. This is because of the increased risk that the tenant may not be given reasonable notice, and the heightened risk that someone may walk off with some of the tenant's belongings.

So, the landlord is probably within his rights as long as you are given reasonable advance notice of each and every entry, but you have a right not to be ripped off and if anything is missing you should make an appropriate claim.

Read more
Answered on 5/22/01, 9:10 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California