Regarding letting them into your house: the law is still 521-53. They have to give 48 hours notice & can't ignore your refusal to let them in unless you are unreasonably withholding permission. 521-73 gives you the penalties if they do.
Write L & realtor (certified, return receipt to both) & tell them that they have to give you 48 hours notice under HRS 521-53. Quote the statute if you think it will help. Inform R that you will not stand for any further harrassment & will sue R & L (who designated R his agent) if they don't quit harrassing you. Be very specific about what behaviour you think is harrassing, including times they call, tone of voice, yelling, threats, etc. The more specific you are, the easier it will be for you to prove they abused their right of access knowing you considered their behaviour unacceptable.
Tell them that they may not show your house except when you are there (if that's your wish). Also tell them when you can be availiable on 48 hours notice for showings on a regular basis (i.e., when you can regularly rearrange any plans to be available). Be very specific: TTh 5:30-9:30, WF 2-7, Sat 10am-6pm, never on Monday nights, not on the second weekend of July, other times at your discretion, etc. Go through your calendar. You may also offer to allow showings during the listed times on less than 48 hours notice *at your complete discretion*, with no implied duty to consent to a showing if it's not convenient to you, and if they ask nicely. If you can take lost time from work to be available in the middle of the day, tell them. Decide if you want to have your lost wages covered if you take time off work to let L&R show L's house. Make it clear that L/R have to pay whether the prospective buyer shows up or not unless they cancel within 4 hours of the showing time! You don't want to lose wages for nothing.
Strive for a tone of reasonableness & understanding that L/R have to show the house to sell it, but that they can't unduly inconvenience you in the process. Make as much time as possible available for showings, including having your daughter present while you are at work, if that's possible. You don't want to be accused of unreasonably withholding access.
Finally, are you month to month or on a lease? If you're on a lease, you get to stay until the lease runs out, whether the house is sold or not. Either L or buyer has to bribe you to get you to voluntarily move early. Hold them up for at least 2 months rent! If you're month to month, L can't evict you just because you are standing up for your right to have notice before the house is shown. That would be retaliatory eviction & L would get into lots of trouble. Check the statutes when you're at the library. However, since L has already put the house on the market, if you're month to month you'll have to leave when L sells the house & gives you notice.
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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 July 01, 2000).]
