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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Default Lockbox Issues With Landlord

    Our landlord recently provided written notice that they intend to sell the house we (my roommates and I) are currently renting. She is also a real estate agent and will be representing herself as the seller's agent for the house. Part of the "terms" she provided included putting a lockbox on the front door and providing 1 hour notice on weekdays and 0 hours notice on weekends to show the house.

    At the time we didn't know our rights so we didn't respond immediately. By the time we learned more about California tenant rights the lockbox had already been placed on the front door. The California Tenent Law website (http://www.caltenantlaw.com/ForSale.htm), under "The Right to Quiet Enjoyment" section, says that having a lockbox placed on the property is not within the owner's rights and violates our rights.

    We asked to have the lockbox removed 3 times so far. The first time we were nice about it and got a response saying no, but they would be nice enough to only come on weekends with 1 hour notice. The second time we pointed out that those terms violate California law and asked her to remove it again. This time she ignored our request and only contacted us a week later to let us know someone would be coming to view the house.

    At this point we were quite upset with her because when we provided 30 days notice to move out halfway through January, we were told that 30 days was unacceptable since we are on a month to month contract and we would have to pay full rent for the month of February. That false statement along with her insistence of less than legal notice for house viewings and ignoring our emails made it clear she thought she could take advantage of us. We drained the battery in the lockbox to ensure that she didn't send people to view the house while we were at work without proper warning and sent a more serious email threatening to file formal complaints with her real estate agency, the California Dept of Real Estate, and the BBB. This time we got a response immediately saying the lockbox would be removed the next day.

    Today I got a response saying they couldn't remove the lockbox because it had been tampered with. She is leaving it for inspection by the manufacturer. Can we be held liable for tampering with a lockbox that was left on the property that we are currently in possession of?

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

    Default Re: Lockbox Issues With Landlord

    I'm confused as to why the lockbox is your concern. Why aren't you filing formal complaints?

    I've dug around, and can't find anything pertaining to lockboxes and tampering, but I would expect that she could demand that you pay for replacing it if she knows that you were the one who tampered with it. Given the acrimony between you at the moment, it wouldn't be hard for her to figure out.

    Nevermind the lockbox, protect yourselves and file those formal complaints.

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