I have lived in my rented home for 2 1/2 years. The 1st year was under a 1 yr lease, the remainder month to month. I recently gave my landlord an almost 2 month notice that I would be moving. He has decided to sell the property and wants to access the property to make "upgrades" before selling. Also, he has stated he and the realtor will want access to show the unit to prospective buyers. The realtor has left a lockable key holder outside the unit for the purpose of accessing the property. The landlord quoted the lease which indicates he may access the property to show to prospective renters/buyers once I gave notice of vacating. He also stated his expectation is that I vacate the property whenever it is shown.
Must I allow the landlord to access my home to perform "upgrades" which are clearly not for my benefit?
Is the provision in the lease regarding access to show prospective buyers valid if the lease was not renewed?
Can I be forced to leave the premises when it is being shown to prospective buyers?
Do realtors have a right to access the property while I am not here?
If your lease says so, you must allow access for the upgrades. Most leases DO say so.
Yes, the lease provision regarding access to show prospective buyers is valid.
No, you cannot be forced to leave the premises when it is shown to prospective buyers; you have a right to remain.
Generally speaking, the realtors do NOT have a right to access the property while you are not there--unless the lease says so. I have not seen one that says so.
The landlord has the right to show the property at reasonable times on reasonable notice. He also has the right to make repairs to the premises. He can not force you to vacate or interfere with your right to quiet enjoyment of the premises. That being said, as a month to month tenant he can also terminate your tenancy at any time on 30 days notice. It is probably best if you cooperate with him to show the premises so long as he is not unreasonably interfering with your right to quiet enjoyment of the premises.
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Showings are usually permissible when reasonable. However, and for obvious reasons, the unit should not be shown without your presence. It is still your home and you have a right to safeguard your property and personal information.
If your lease allows access for upgrades and showings then you must comply. You do not have to leave your property unattended, therefore you may be present if you desire. If your lease allows access for showings then most likely there is a reasonable notice requirement.
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