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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default My Landlord Says That She is Having an Inspection and I Am Not Allowed to Be There

    My question involves landlord-tenant law in the State of: California

    This is a direct quote from the e-mail my landlord left me:

    "As I confirmed with you this morning, Lauren, the potential buyer wants to conduct the inspection, and is entitled to conduct the inspection, without any tenants present. Despite my explaining this to you, you later told my agent that you are refusing the request to vacate the unit for a couple of hours tomorrow, and insist on being present. I’m sorry this is so annoying and intrusive; but unfortunately, we do have to make it work…"

    Is this true? I will have to take the day off of work because I have animals and I do not trust her to watch them and make sure that they dont get out. But she says I cannot be there for the inspection. This does not seem fair... especially with all of my stuff in there.
    This is happening in a few hours so I hope someone can get back to me asap! Thanks =)

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: My Landlord Says That She is Having an Inspection and I Am Not Allowed to Be Ther

    What does your lease say about inspections?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: My Landlord Says That She is Having an Inspection and I Am Not Allowed to Be Ther

    Barring any statement to the contrary in the lease, you'll have to accommodate this. Frankly neither the occupants NOR the seller are typically present when a real estate agent shows a house. It's not good business practice.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: My Landlord Says That She is Having an Inspection and I Am Not Allowed to Be Ther

    Ask him for a hundred bucks to go out and have some entertainment ! You do not have to accommodate this -- they could be thieves they are letting in,

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: My Landlord Says That She is Having an Inspection and I Am Not Allowed to Be Ther

    If proper notice has been given a tenant has to accommodate the showing, but not necessarily the request that she be absent. Until her tenancy ends, it's her unit. Hence LRM's question about the lease.

    California law permits showings, even when the tenant is absent, but nothing in the law says that the landlord can exclude the tenant from the premises during a showing.
    Quote Quoting California Civil Code, Sec. 1954.
    (a) A landlord may enter the dwelling unit only in the following cases:

    (1) In case of emergency.

    (2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.

    (3) When the tenant has abandoned or surrendered the premises.

    (4) Pursuant to court order.
    (b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.

    (c) The landlord may not abuse the right of access or use it to
    harass the tenant.

    (d)

    (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.

    (2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

    (3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.
    (e) No notice of entry is required under this section:

    (1) To respond to an emergency.

    (2) If the tenant is present and consents to the entry at the time of entry.

    (3) After the tenant has abandoned or surrendered the unit.

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