Thursday, August 19, 2010

Landlord, not active listing on property for sale, walk through?

Long Story Short, Landlord calls Tuesday said will pick rent up Friday when downstairs tenant comes back from vacation, said that he has someone that wants to see the property that night at 7:30. That is only 4 hours away. Upstairs tenant leave voicemail for landlord, ok for rent, but not comfortable with the short window for a walk through since house is not actively listed For Sale. Landlord calls back leaves 2 messages stating that they house is NOT actively listed for sale, and that it was ok to wait. Second message stated will do Friday instead. Friday comes and a realtor calls both tenants and says they want to schedule it for Monday. Problem- Upstairs tenant is on vacation for a week and will not be home. Not comfortable with having someone walk through when no one is home. Friday comes, Landlord doesn't show up, doesn't pick up rent, and downstairs tenant is still not back even though they were scheduled to be back earlier in the day. What can they do? Is there any legal binding that can prohibit them from doing the walk through when no one is home?Landlord, not active listing on property for sale, walk through?
NYS law only requires the landlord to give a 24 hour notice that he/she intends to enter. The law does not require that the tenant be present nor does it require the permission/consent of the tenant.Landlord, not active listing on property for sale, walk through?
it really depends on your lease. You have to see what the section about selling and access to the property says on the lease that you signed. That's really the only way to know for sure. Also the rules can vary significantly from state to state.
The tenant cannot prevent entry into the home, with reasonable notice. If you are concerned, I would make sure to put away any items you don't want viewed, and hide any valuables you are concerned about.

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