Tulip, Great question. Contact an attorney of you want legal advice. This might not be the best choice of places to ask for legal advice. As an agent I have to give a renter 24 hours notice. It might be inconvenient for you so you can ask for reduced rent for the inconvenience and your landlord might give it to you. Best Wishes.

http://www.dawnsellssandiego.com

If they give you 24 hours notice, there is no exception in the lease, and you do not let them in... you may find yourself on the street.


http://www.gregorygarver.com

Tulip.

First off, I'm neither an attorney, nor do I play one on TV.

However you may wish to check out California Civil Code Section 1954 - Simply put it states an owner and their agent(s) may show your unit with 24 hour notice during *normal business hours*. (Typically Monday through Friday - 9 am to 5 pm - Holidays excluded.) Denial of showings can be grounds for eviction and you would want to seek legal advice if you begin to deny reasonable showing requests during normal business hours.

Whenever I'm the listing agent of tenant occupied property, I observe a tenant's rights, giving notice, courtesy and consideration whenever I can. I understand the intrusive nature of having stranger's escorted through one's home. My goal is to treat the tenant as I would only hope to be treated if the roles were reversed. This is also known as the Golden Rule. Through the sales process, I have made many friends of tenants whose property I've been showing, sometimes even representing them later as buyers.

There is an old German expression my Mom taught me; 'Wald 'rein Wald 'raus' Translated: The way you holler in the woods is the way the echo comes back. I find life is fairly straightforward when this concept is understood.

All my best to you,

Mike Ackerman, CRS, e-Pro
Zephyr Real Estate - Noe Valley Office
ABZ@ZephyrSF.com
415-695-2715
"We're all about San Francisco"

While you may be required by your lease terms to allow entry , I think the issue here is about communication with the owner/realtor. Most realtors are very sensitive to the occupant needs (be they owner or tenant) and they try to schedule showings at specified times around the occupant's schedule. You could suggest this approach or at least try to reach an agreement about how many hours/week it is reasonable for your lives to be interrupted.

In terms of the law, I am not an attorney and cannot give legal advice, but I can tell you that the California Association of Realtors lease stipulates the "tenant shall make premises available to landlord or landlord's representative...to show premises to prospective or actual purchasers...24-hour written notice shall be reasonable and sufficient....except" and it goes on to say "NOtice may be given orally to show the premises to actual or prospective purchasers provided tenant has been notified in writing within 120 days preceding the oral notice that the premises are for sale and that oral notice can be given to show the premises". Owner can also enter without notice whenever the "tenant is present and consents at the time of entry". I haven't seen anything in the lease about limiting the frequency of landlord entries/showings.

If a lease is silent on entry provisions, local/state statutes would normally prevail. State law allows landlords to enter to show a unit to prospective tenants/buyers, provided they give tenants reasonable notice (usually 24 hours).

Again, contact an attorney or your local rent board for further clarification or guidance. http://www.sfgov.org/site/rentboard_index.asp

Tulip:
I also have to couch my answer by saying you need to verify anything I say with a tenant/landlord attorney familiar with SF landlord/tenant law BUT I can say that in my experience with marketing and showing investment properties in SF that tenants have been able to restrict my showings to appointment only with 24 hours notice. Some agents even argue that tenants can limit showings to business hours, but I THINK showings can happen on a weekend, again with 24 hours notice.

Some tenants are cool with the open houses and brokers tours because they want to maintain good relations with their landlords. You've been very cooperative so far. I'm sure the listing agent and her client appreciate how accommodating you've been.

You can dig a little deeper by calling the SF Rent Board. They should be able to answer these questions, even if the place you live in isn't subject to rent control.

Good luck. And call me when you're ready to own instead of rent (smile).
Cece

Good morning Tulip,

According to CA State Law, your landlord is entitled to show the unit to prospective purchasers as many times as it takes to sell the unit. Your landlord should give you notice of his/her intent to sell the property, as well as reasonable notice to show the property.

Open houses are vital to the sale of a property and your landlord is within his/her right, as long as he/she gives you notice. This will always be the situation when you rent vs. own.

Please note that I am not a lawyer and if you have legal questions, you should follow up with an appropriate legal professional.

Rhanda