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Can a landlord show a rental while occupied by a renter

Pendleton, OR |

after a verbal eviction can a landlord show a rental without 24 hour notice

Attorney Answers 3

Posted

No such thing as a verbal eviction. Tenant is still a tenant until court issues an order of eviction. 24 hour notice has to be given.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

Probably not but it depends. If you have a written agreement (in addition to the rental agreement) signed by both of you that say's the landlord can do this AND you entered this agreement at a time when the landlord was actively trying to sell the unit AND you were given something in consideration of this agreement, then yes. But it still has to be at a reasonable time.

Most likely the requirements above have not been met. In that case, your landlord has to give you 24 hours actual notice. This can be verbally (in person or via a phone message) or written (handed to you, posted on your door, or mailed to you). If it's mailed, they have to give you an addition three days notice. For any of these, the entry still has to be at a reasonable time.

If none of these requirements were met, you may have a claim for an unlawful entry.

My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.

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Posted

Your rental agreement should cover this. As noted, notice is required and showings must occur during reasonable hours.

Seek a consultation with a local attorney experienced in landlord-tenant matters -- the small consultation fee charged should be well worth it to answer this question, and any others you may have regarding your rights as a tenant. The law in Oregon favors tenants. You should not be shy about confronting your landlord if he or she is violating Oregon law.

DISCLAIMER: I am not your attorney until you 1) sign a fee agreement with me, and 2) pay a retainer pursuant to said agreement. The response given does not create an ongoing duty to respond to questions. The response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might change. Attorney is licensed to practice law only in Oregon (attorney has resigned from the Arizona bar, but may be reinstated upon application).

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