What are my rights if my lease agreement has a section on right of entry and it states that they have the right to show the premise to prospective future tenants?
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What are my rights if my lease agreement has a section on right of entry and it states that they have the right to show the premise to prospective future tenants?
It however does not state that they can do this while I, the current tenant, is not present at the time of showing. Do I have the right to not allow them in while I am not there?
Asked on September 6, 2012 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you do not have the right to prevent the landlord or his/her agent from showing the property to prospective tenants when you are not there. Even if the lease were completely silent on this subject (didn't mention it at all), the landlord would have the right to show the property--it is a basic right of property ownership and a right all landlords have. The landlord's obligation is to provide reasonable (usually at least 24 hour) notice and to only show the property at reasonable times (e.g. not late at night, other than with tenant consent), but those are the only restrictions. You can't impose the obligation to only show when you are present.,
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