If I’m a tenant in a foreclosed property, can the bank force me to be present for rental property showings?

Condo I was renting went into foreclosure so we’ve been paying the bank rent for the last 6 months. I’ve cooperated as much as possible in regards to showing the prop. to potential buyers. However, there is no lock box on the condo so I have to be present to let the realtor and buyer inside. Now the bank is threatening me because they say I’m not cooperating. I’ve told them I work 9-6 and can’t just make a 30 minutes round trip using my time, car and gas to show the condo whenever the Realtor would like. I have never denied the bank/realtor entrance, just said I couldn’t be present.

Asked on October 17, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are only required to *allow* the owner (in this case, the bank, since they foreclosed) and/or its agent (the realtor) access on reasonable notice (usually 24 hours, in writing), at reasonable times (e.g. 9 - 5, or otherwise as mutually agreeable) and not too often (e.g. not every day). There is no requirement that you personally be present or take time out from work for this. They can make other arrangements to get in--for example, you can provide them a duplicate key (which they can pay to make), if there is no lockbox; and note, if they are careless or negligent in using that alternate means and you suffer theft or some other loss, you can hold them liable--or they could offer to pay you for your time to show the house; but they can't refuse to use reasonable alternative ways to access the condo and force you to be their personally.


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