Does a tenanthave a right to remain intheirrental during the time that the landlord is showing it to prospective tenants?

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Does a tenanthave a right to remain intheirrental during the time that the landlord is showing it to prospective tenants?

I am living out my 30 days notice to vacate. My landlord has given 24 hour notification to show the flat to a prospective tenant. Do I, as the tenant, need to vacate the premesis while the landlord does a walk through? My landlord requested that I leave, and I stated my objection, but did leave and sat on the front porch to avoid further unpleasantness. Do I have a right to remain in my flat during the viewing?

Asked on October 7, 2010 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you do have a right to stay in the premises during showings of it. Your obligation under law is to allow the landlord to show it (subject to caveats, such as adequante notice, during reasonable hours, showings for a reasoanble duration, etc.). This means that you can't prevent the landlord from entering, and you can't constructively prevent the showing, either--such as by walking around nude at the time, so that the prospective tenant(s) won't come in. On the other hand, the obligation to allow entry does not require you to absent yourself. As long as you do not interefere with the showing, you may stay in the premises--after all, it's your premises and you have occupancy rights until your tenancy is actually up.


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