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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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My landlord left me a message on the phone that they were

Customer Question

My landlord left me a message on the phone that they were going to put the house on the market, very general. Then I got a call from a real estate person TELLING me that she was going to show the house to agents, and then to buyers, in the next few days. I
JA: The law can be really complicated! The Lawyer will know what to do. Have you consulted a lawyer yet?

JA: OK. The Real Estate Lawyer will be able to help you. Is there anything else important you think the Real Estate Lawyer should know?
Customer: I haven't gotten ANYTHING in writing. Meanwhile, I have two dogs. People can't just enter whenever they want because that doesn't work with the dogs. But it shouldn't be my extra new job to accommodate house showing schedules.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two. I'll let you know when it is your turn.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state you are in?

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Is there anything in your lease regarding the landlord reserving any access rights for showing the house to potential purchasers?

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thanks

Barrister

Customer: replied 10 months ago.
I'm in CA, and there is something in the lease that says that the landlord has to provide 120 days advance notice that the house is for sale.Frankly, I'm annoyed that this is being crammed down my throat. A text from some real estate agent saying she's going to have the house open tomorrow 10-1? What? Then on Sunday, for buyers? This is our life going on in here.
Expert:  Barrister replied 10 months ago.

Ok, under CA law (CA Civil Code 1954) the landlord has to give "Reasonable notice" prior to any entry for showing it to potential buyers or tenants. Reasonable notice is considered written notice at least 24 hours notice prior to any entry. The 120 day part allows them to give verbal notice instead of written if they give you notice in writing within 120 days of the original oral notice.

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However, there is nothing that would force you to leave the property or take any actions to assist them with showings. So if you don't want to put your dogs up, then you can tell the agent that your dogs aren't put up and they will bite and that will deter any showings..

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It is also kind of a balancing act here because you have a right to "quiet use and enjoyment" as well as "exclusive use and possession" of the property. So if there are constant showings, then this could be considered a breach of the lease contract and give you grounds to sue the landlord for damages..

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thanks

Barrister

Customer: replied 10 months ago.
There's another factor. They want to take pictures and show it with all of OUR things. No. I don't like that at all. And I have several nice paintings that aren't for public consumption. So...not to be obstructive, or anything, but why should they benefit from my possessions?
Expert:  Barrister replied 10 months ago.

Well, you have basically two options here... You can refuse any entry and force the landlord to file suit to get a judgment and positive injunction ordering you to allow showings. Or you can tell the landlord that you will allow limited showings on certain days only and not allow any photos of your private personal property as that is an invasion of your privacy and threaten to sue him if he does so for violating your privacy rights, your right to exclusive use and possession, and your right to quiet enjoyment..

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thanks

Barrister

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