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  1. #1
    chick128 is offline Junior Member
    Join Date
    Jan 2005
    Posts
    3

    Landlord wants to come on to property frequently...

    What is the name of your state? California

    There is a clause in my lease (copied below) and I would like to know what it means to me.

    The situation is - I have a year lease, and 3 months into it the owner decided he wants to sell the property - he offered to "buy out" my lease but he didn't offer enough to cover the expenses i'd incur so I refused the offer and told him what I would need to move.

    In the mean time - for the next 9 months he wants to have a property manager show the property to prospective buyers. MY last home was burglarized and I have severe anxiety now about having strangers in my home - ESPECIALLY when I'm not home. The property manager KNEW this before I moved into this home. I was under the understanding that I would rent this home for 1-2 years and then attempt to buy it from the owner. If I had known I would have people coming in and out for 9 months I wouldn't have moved here.

    here is what the lease says:

    # 18 Entry
    A. Tenant shall make premises available to landlord or landlord's representative for the purpose of entering to make necessary or agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
    B. Landlord and Tenant agree that 24 hour written notice shall be reasonable and sufficient notice, except as follows. 480 hour written notice is required to conduct an inspection of the premises prior to the tenant moving out, unless the tenant waives the right to such notice. Notice may be given orally to show the premises to actual or prospective puchasers provided Tenant has been notified in writing within 120 days preceding the oral notice that the premises are for sale and that oral notice may be given to show the premises. No notice is required to (i) enter in case of an emergency; (ii) if the tenant is present and consents at the time of entry or (iii) the tenant has abandoned or surrendered the premises. No written notice is required if Landlord and tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral agreement.

    It has a clause saying i agree to a lockbox BUT that clause is not signed by me or the property manager so it's invalid.

    Do I really have to let strangers come through my home with the property manager and any other real estate agent who wants to see the place as long as they give me 24 hour notice?

    I'm not trying to be a pill - I don't care if he sells or not because I'm not moving out until my lease is up. I don't mind it being shown to A FEW (3-5) people over the 9 months as long as I'm home when they do it... But if I knew my home was going to be an open house for 9 MONTHS of my lease I wouldn't have moved here...

    what are my rights?
  2. #2
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918
    Quote Originally Posted by chick128
    What is the name of your state? California

    There is a clause in my lease (copied below) and I would like to know what it means to me.

    The situation is - I have a year lease, and 3 months into it the owner decided he wants to sell the property - he offered to "buy out" my lease but he didn't offer enough to cover the expenses i'd incur so I refused the offer and told him what I would need to move.

    In the mean time - for the next 9 months he wants to have a property manager show the property to prospective buyers. MY last home was burglarized and I have severe anxiety now about having strangers in my home - ESPECIALLY when I'm not home. The property manager KNEW this before I moved into this home. I was under the understanding that I would rent this home for 1-2 years and then attempt to buy it from the owner. If I had known I would have people coming in and out for 9 months I wouldn't have moved here.

    here is what the lease says:

    # 18 Entry
    A. Tenant shall make premises available to landlord or landlord's representative for the purpose of entering to make necessary or agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
    B. Landlord and Tenant agree that 24 hour written notice shall be reasonable and sufficient notice, except as follows. 480 hour written notice is required to conduct an inspection of the premises prior to the tenant moving out, unless the tenant waives the right to such notice. Notice may be given orally to show the premises to actual or prospective puchasers provided Tenant has been notified in writing within 120 days preceding the oral notice that the premises are for sale and that oral notice may be given to show the premises. No notice is required to (i) enter in case of an emergency; (ii) if the tenant is present and consents at the time of entry or (iii) the tenant has abandoned or surrendered the premises. No written notice is required if Landlord and tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral agreement.

    It has a clause saying i agree to a lockbox BUT that clause is not signed by me or the property manager so it's invalid.

    Do I really have to let strangers come through my home with the property manager and any other real estate agent who wants to see the place as long as they give me 24 hour notice?

    **A: yes, read your lease and the CA Civil Code.
    *********
    I'm not trying to be a pill - I don't care if he sells or not because I'm not moving out until my lease is up. I don't mind it being shown to A FEW (3-5) people over the 9 months as long as I'm home when they do it... But if I knew my home was going to be an open house for 9 MONTHS of my lease I wouldn't have moved here...

    what are my rights?
    **A: see above.

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