If I’m renting a house that’s for sale, can the realtor force me to leave during showings?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m renting a house that’s for sale, can the realtor force me to leave during showings?

I am renting a house that is on the market. I was told by the last realtor to show the place that I could not be here. I don’t have me and my wife have only one car and she will be at work during the next showing. So aside from not wanting to leave my personal possessions around for a bunch of strangers to see, I don’t want to have to walk around a neighborhood with my son while the showing is going on. Can the realtor legally force me to leave?

Asked on September 29, 2016 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot be forced to leave: you are obligated to let the home's owner (or their realtor) show the home on reasonable (generally 24-hour) notice, BUT you are paying for the use and possession of it--you do not have to leave while they do that unless and only if the written lease you signed requires you to leave during showings (if you did sign a lease containing such a term  or provision, you contractually agreed to leave). Certainly, the realtor can *ask* you to leave--anyone can ask anything--but you don't have to agree; or the landlord or realtor can make it worth your while to go (e.g. pay for tickets to take your son to the movies, give you a Starbucks or Amazon gift card if your agree to go, give you a small rent  credit or rebate, etc.).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption