<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peggy321:
I own a house in NJ which is currently occupied by a tenant. I am putting the house up for sale and would like to give the realtor a key to the property. As a landlord, am I within my rights to do this or can the tenant forbid me to give out a key? The realtor has promised to give the tenant 24 hours notice before showing the house.
Also, the tenant insists on being present while the house is shown. Are there any legal restrictions about what she can say to prospective buyers about the house? We don't have a great relationship, and I'm afraid she may try to hinder a potential sale.
Thanks for your help!<HR></BLOCKQUOTE>
My response:
In my opinion, not a good move. While under the principles of "Agency / Principal" law you can appoint whomever you choose as your agent, be aware that if your agent violates the landlord / tenant laws, even in the slightest, your tenant can, and will come after you. It would be wiser to be there and open the door yourself, so you can monitor the situation. Then, you're saying to yourselve, "Well, I can't be there all the time." Then, that's the chance you take. Now, on the other side of the coin, it makes no differece that you and your tenant are not getting along in terms of you trying to sell the house. Inform the tenant that her words would be a material breach of the tenancy - - e.g., damage to property doesn't have to be physical, and that anything derogatory would be actionable under the theory of "Interference with Prospective Business and Contractual
Advantage" and that you will hold your tenant personally responsible for damages for what S/he says or does in the presence of a potential buyer.
Good luck.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited April 12, 2000).]
