Giving consetn for realtor to show property

[grooviestmom]

I posted the other day about how much notice someone has to give before showing the property. We are in NH. The property we rent is up for sale. The landlord, also the realtor, wants to be able to give me 2 hours notice and then show the property. This didn't seem fair since I have 2 small children to get out of the house. I got advice from this site listing the NH law and it was stated that a reasonable amount of time was required in regards to notification. I told her I didn't feel 2 hours was enough time, she disagrees. I asked for 8 hours, as opposed to the 24 hour notification I originally wanted. She didn't agree. She also said that if I leave the house, that she wants me to call her and let her know in case she wants to show the property while I am out. I don't mean extended periods of time such as days. She wants me to call if I am going to be out for the day. I just don't find this fair or reasonable. I am more than willing to let her in as long as I can have it in "showable" condition and find a place to bring my kids for a while. Am I in thw wrong? Can she come in the house when I am not home, without my consent?

8 hours' notice was a generous concession on your part. Tell her (in writing, certified mail) that you will call the police and charge her and the potential buyers with trespassing if she EVER gives you less than 24 hours' notice. Tape a similar notice to your front door. "WARNING: 24 hours' notice is required before this house may be shown. If you enter when sufficient notice has not been given, I will press charges for trespassing."

Just so you know, if she sells the house, she sells it subject to your lease. She has to bribe you to leave early (charge all you can, sister, you've got her by the short & curlies! ).

Stand firm,

Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.



[This message has been edited by Tracey (edited April 06, 2000).]

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
8 hours' notice was a generous concession on your part. Tell her (in writing, certified mail) that you will call the police and charge her and the potential buyers with trespassing if she EVER gives you less than 24 hours' notice. Tape a similar notice to your front door. "WARNING: 24 hours' notice is required before this house may be shown. If you enter when sufficient notice has not been given, I will press charges for trespassing."

Just so you know, if she sells the house, she sells it subject to your lease. She has to bribe you to leave early (charge all you can, sister, you've got her by the short & curlies! ).

Stand firm,

Tracey

<HR></BLOCKQUOTE>


Tracey:

Here's the New Hampshire law on this subject that I posted for her, which is the law she is referring to in her post. It is the most idiotic, vague, and ambiguous law this side of the Mississipi !! Can you imagine this being the law in Washington State or California? Rediculous.

"My response:

No, 2 hours is completely ludicrous. The amount of time must be "reasonable" under New Hampshire law.

The following is the law in your neck of the woods. It is, however, not nearly as complete or detailed as it should be, like the similar laws in California are. But, you live with where you live. Therefore, without further ado, here's New Hampshire law on the subject (in pertinent part):

In pertinent part: New Hampshire Codes say -

SECTION 540-A:3
§ 540-A:3 Certain Specific Acts Prohibited. -

I. ...

II. ...

III. ...

IV. No landlord shall willfully enter into the premises of the tenant without prior consent, other than to make emergency repairs.

V. No tenant shall willfully refuse the landlord access to the premises to make necessary repairs at a reasonable time after notice which is adequate under the circumstances.

Good luck.

IAAL"



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