Do I have to "show" the house I am renting while in a short sale?

Asked over 4 years ago - San Clemente, CA

We have been renting a home for 5 months. Two months after we moved in we found out the owner was not making payments, he now wants to do a short sale on the home. Our lease staes that 30 days prior to our leasing being up we have to let realtor/investers, etcc enter the home. Do we have to let the realtor/seller show the house NOW, with 7 months left on our lease? We were not made aware of his fianacial situation when we moved in, and he was already behind on his mortgage payments when he moved us in?

Attorney answers (2)

  1. James Coy Driscoll

    Pro

    Contributor Level 13

    Answered . Civil Code section 1954 limits access of a dwelling by a landlord. It does provide for a landlord to enter to show the house to prospective buyers. It also says that absent an emergency, the landlord can only enter during regular business hours. I construe that to mean 9-5, M-F, except holidays, i.e., no evenings or weekends. The section also says that the landlord's right of entry can not be used to harass or annoy the tenant.

    I believe that open houses are a violation of the prohibition on harassing or annoying tenants. In representing my clients, I start from the position that we will allow one showing of the property for one hour each, every two weeks. I limit the number of people who can enter during a showing to five or six at a time and require that all of them be accompanied at all times in the home by a licenced real estate agent or broker. I also prohibit photograph or videotaping of the insides of my clients'

    Further, there is an argument to be made that by saying that you had to show the property during your last month of tenancy, the landlord impliedly agreed to not show it at any time before that.

    A tenant is not required to be present when the property is shown. However, I encourage my clients to do so. I also point out to my clients that they do not have to clean up the house before a showing and that they can pay weird music during the showing.

    This is not legal advice and does not create an attorney-client relationship. The information about is a general statement of the law. Reviewing a case and giving legal advice to a client requires more information than can be exchanged in this format. If you need legal advice, contact an experienced tenants' attorney.

  2. James Coy Driscoll

    Pro

    Contributor Level 13

    Answered . Civil Code section 1954 limits access of a dwelling by a landlord. It does provide for a landlord to enter to show the house to prospective buyers. It also says that absent an emergency, the landlord can only enter during regular business hours. I construe that to mean 9-5, M-F, except holidays, i.e., no evenings or weekends. The section also says that the landlord's right of entry can not be used to harass or annoy the tenant.

    I believe that open houses are a violation of the prohibition on harassing or annoying tenants. In representing my clients, I start from the position that we will allow one showing of the property for one hour each, every two weeks. I limit the number of people who can enter during a showing to five or six at a time and require that all of them be accompanied at all times in the home by a licenced real estate agent or broker. I also prohibit photograph or videotaping of the insides of my clients'

    Further, there is an argument to be made that by saying that you had to show the property during your last month of tenancy, the landlord impliedly agreed to not show it at any time before that.

    A tenant is not required to be present when the property is shown. However, I encourage my clients to do so. I also point out to my clients that they do not have to clean up the house before a showing and that they can pay weird music during the showing.

    This is not legal advice and does not create an attorney-client relationship. The information about is a general statement of the law. Reviewing a case and giving legal advice to a client requires more information than can be exchanged in this format. If you need legal advice, contact an experienced tenants' attorney.

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