Does A Tenant Have To Permit a Landlord's Lockbox

[Pagey]

I live in a house in California. Lease ended and now I'm on month to month. He is listing the house for sale and will give us 60 days notice to move once he sells it.

Question: Does he have a legal right to put on a lock box? I feel very uncomfortable about that since I have young kids and a lot of people have access to those things, like for one my ex-husband since he has his license.

Also, can he make me leave the house while it's being showed?

Thanks so much for your help!

[seniorjudge]

Question: Does he have a legal right to put on a lock box? Also, can he make me leave the house while it's being showed?

A: Yes and yes.

[RenterInIdaho]

Agreed, yes and yes! But he does have to give you the same notice as stated in your lease that the house will be shown.

[Pagey]

The lease states 24 hour notice. If the lock box is there any and all realtors can show up at anytime. What if i'm in the shower and the come into the house? They don't have my phone number to call, only the listing agent and the owner do.

I've got young kids, lots of people have access to those lock box things, including my ex-husband and I really don't feel comfortable that he could get into my house at anytime.

[RenterInIdaho]

Even though the lockbox is there the realtor or the landlord has to give you notice that they want to show thr property. I am sure the landlord is civil and can work out time that work best for you.

[Pagey]

ok, if we can work out a time that's best for me, then what's the point of having the lock box? i don't see any law that states I have to leave my house for someone to come look at it. I'm paying rent and that rent is for my enjoyment of the house. thanks.

[RenterInIdaho]

Well the owner does have the legal right to put one on and show the property while you are in it.

[Pagey]

ok, thanks. where in the law does it state that? thanks.

[aaron]

There's a lot of information here about a landlord's right to access an apatment.

California law states that a landlord can enter a rental unit only for the following reasons:

• In an emergency.
• When the tenant has moved out or has abandoned the rental unit.
• To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.
• To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy (see Initial Inspection sidebar).
• If a court order permits the landlord to enter.
• If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements.

The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry. However, advance written notice is not required under any of the following circumstances:

• To respond to an emergency.
• The tenant has moved out or has abandoned the rental unit.
• The tenant is present and consents to the entry at the time of entry.
• The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.

The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. The landlord or agent may:

• Personally deliver the notice to the tenant; or
• Leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant's household); or
• Leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found; or
• Mail the notice to the tenant.

The law considers 24 hours' advance written notice to be reasonable in most situations.

I would be interested in seeing authority for the position that the landlord can require a tenant to leave the rented premises while it is being shown.

[seniorjudge]

...
I would be interested in seeing authority for the position that the landlord can require a tenant to leave the rented premises while it is being shown.
....

I am not sure if there is a law to that effect, but I can sure tell you that the real estate agent would not want the present residents there when the agent is showing the place.