Legal Question in Real Estate Law in New Jersey
Tenant Privacy
When a land lord is trying to sell a rental property with tenants still renting, and the landlord and tenants have an agreement that there will be no house showings by Realtors when the tenant isn't home, is it legal for a Realtor to ignore this, place a lock box and enter the tenant's apartment whenever they want to anyway as long as they call or leave a message 24 hours in advance?
1 Answer from Attorneys
Re: Tenant Privacy
If the agreement with the landlord (presumably the lease) prohibits showing without the tenant being home then the landlord cannot authorize anyone to show the property in violation of that agreement. The realtor is the agent of the landlord and is bound by the landlord's contracts. Tell the realtor and the landlord to remove the lockbox. If they don't do that promptly, the landlord is in breach of the lease. You should then consult your lawyer regarding remedies which will probably include changing the lock.
See also: http://info.corbettlaw.net/lawguru.htm
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