Lockbox on a renter-occupied property (agency, for sale, tenant, renting)
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Would that include paying a month's rent while the landlord showed the property AFTER you moved out, since you have effectively prevented them from renting the property for the month after you move out? Or would you pay a higher monthly rent so that the landlord would not have the loss of an empty month because you didn't want to be disturbed by showings before you move out? (That loss of income from the apartment would have to be compensated for in some way, after all, as do all expenses and losses, if you want there to continue to be rentals available for you to live in.)
"SCO" never mentioned not wanting to show the home, and I agree with him. A lockbox shouldn't be on a rental while a tenant is living there. If a owner wants a lockbox so be it. I'm a LL and I'm on this with the tenants. Tenants should allow the proeprty to be shown, but not when they aren't present, unless they claim they never allow some one to get into the house.
Tenants should be able to come with a time that is convenient with both parties...a lockbox could let any one in at all times without notice and I wouldn't want that if I was living there. I always go by the rule "don't do to others what you don't want to happen to your self!"
A lockbox can't let "anyone" in - at least ours only let agents with lockbox keys in, and they let the listing agent know who entered when. A specific time period of notice can be required on the listing, and, for that matter, the hours that the lockbox works can be limited. (They're already limited so that the lockbox doesn't work during nighttime hours, and the hours it won't work can be lengthened easily enough.)
My (tenent) condo is on the market indefinitly. A lockbox has been put on, and the realtor ensured me that I would be noticed well in advance of anyone entering. So far, I have twice come home to business cards left on the counter of agents who entered unannounced. When I called the listing agent to request notice the day before, she made it clear that this was not her responsibility, but would try... she was not nice about it. Does anyone know about florida law pertaining to this issue of notice?
My husband and I rent our townhouse in Illinois and we have given a 60 day notice to our landlord that we will be moving. We received a call from his realtor today stating that she will drop by later this week to inspect the home as well as leave a form authorizing the use of a lockbox. This is bothersome to us. While I have no problem with our landlord's agent showing the house, I take issue with other realtors dropping by unannounced. The listing realtor assured us that we would have a two hour notice before showing the home, yet did not mention whether other agents were also required to call before showing. I guess this all leads to a few questions.
1) Does the landlord have the right to place a lockbox on the home for the next 6 weeks until we vacate the property?
2) What is a reasonable notification time before showing the property?
3) Are all agents required to call before coming by or do they have to clear it with us (or the listing agent) before hand?
4) Does anyone have links to Illinois law stating right to enter?
5) We have two puppies that are caged. While they have never bitten anyone or shown aggression, they have also never been alone in the house with strangers coming through. What protection do we have if some child decides to stick their hand in the cage and is bitten?
Thank you to any and all that have advice. This all came as a surprise to us this evening and now we are left scrambling for information.
no way in hell ! WHILE YOU ARE PAYING YOUR RENT YOU HAVE POSESSION , THE LL MUST GIVE YOU 24 HRS. AND Yes i would definately want to be there . There is no liability on your part because the LL can't show it he can do this after you move out or compensate you for that privaledge of showing ( THAT all part of the Real estate business).. and as I am sure some one will attest to there will be many Realtors that will enter with out notice and leave their business cards , NOW ! will they take responsiablity for any missing items ????? The owner can put the lock box on the door when you leave. And before anyone jumps me for my statements I was a Real Estate Manager for 9 yrs before i retired. Never asked tenants to allow lock box . Empty unit is part of the expence of having rental property.
A lockbox can't let "anyone" in - at least ours only let agents with lockbox keys in, and they let the listing agent know who entered when. A specific time period of notice can be required on the listing, and, for that matter, the hours that the lockbox works can be limited. (They're already limited so that the lockbox doesn't work during nighttime hours, and the hours it won't work can be lengthened easily enough.)
Do you take responsiablity for all mls agents that might have a key to the lock box ???? I know that i never would!
Would that include paying a month's rent while the landlord showed the property AFTER you moved out, since you have effectively prevented them from renting the property for the month after you move out? Or would you pay a higher monthly rent so that the landlord would not have the loss of an empty month because you didn't want to be disturbed by showings before you move out? (That loss of income from the apartment would have to be compensated for in some way, after all, as do all expenses and losses, if you want there to continue to be rentals available for you to live in.)
Not having a lockbox doesn't "effectively prevent" the landlord from renting the property. Notably, real estate transactions pre-date the advent of lockboxes.
@ the OP: If you really want to know, you will need to consult with someone who is familiar with your local landlord/tenant laws and will read your lease in light of those laws.
Generally speaking, a tenant is entitled to undisturbed possession of the property during the entire lease term. However, the terms of the lease will usually carve out exceptions to that rule, such as allowing the property to be shown during the final months of the lease term. If the lease does not specifically permit lockboxes or contain language which is broad enough to give the landlord that right, I would think you are within your rights to object to the lockbox.
My (tenent) condo is on the market indefinitly. A lockbox has been put on, and the realtor ensured me that I would be noticed well in advance of anyone entering. So far, I have twice come home to business cards left on the counter of agents who entered unannounced. When I called the listing agent to request notice the day before, she made it clear that this was not her responsibility, but would try... she was not nice about it. Does anyone know about florida law pertaining to this issue of notice?
They can show it with reasonable notice unless your lease agreement says they can not.
According to Florida landlord tenant law "reasonable notice" is 12 hours I believe. The statute states 12 hours notice for repair, I would assume the same for showings even though I had thought it was 24 hours.
Call the landlord and listing agent back and advise her you need 12 hours notice.
Here is the statute that outlines this.
83.53 Landlord's access to dwelling unit.--
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor use it to harass the tenant.
no way in hell ! WHILE YOU ARE PAYING YOUR RENT YOU HAVE POSESSION , THE LL MUST GIVE YOU 24 HRS. AND Yes i would definately want to be there . There is no liability on your part because the LL can't show it he can do this after you move out or compensate you for that privaledge of showing ( THAT all part of the Real estate business).. and as I am sure some one will attest to there will be many Realtors that will enter with out notice and leave their business cards , NOW ! will they take responsiablity for any missing items ????? The owner can put the lock box on the door when you leave. And before anyone jumps me for my statements I was a Real Estate Manager for 9 yrs before i retired. Never asked tenants to allow lock box . Empty unit is part of the expence of having rental property.
I put in red the part that bothered me, if you were really a real estate manager as you stated....otherwise it is just a misconception on your part.
A LL has the right (florida law as Mike has stated and proved by copying a part of the law) to show the home and the LL doesn't have to wait until the tenant has moved out, unless the lease has a different wording.
How much time and money will be lost before a LL can rent it to some one else...also in todays economy so many need a place to rent and with all the foreclosures and bad credit even more people are searching for places to rent.
They can show it with reasonable notice unless your lease agreement says they can not.
According to Florida landlord tenant law "reasonable notice" is 12 hours I believe. The statute states 12 hours notice for repair, I would assume the same for showings even though I had thought it was 24 hours.
Call the landlord and listing agent back and advise her you need 12 hours notice.
Here is the statute that outlines this.
83.53 Landlord's access to dwelling unit.--
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor use it to harass the tenant.
I'm not a Florida attorney, but I don't agree with your interpretation of the statute. You can't interpolate the 12 hours notice stated for repairs to also be applicable to showings just because the 12 hours is deemed to be "reasonable" in the case of repairs. In fact, the fact that 12 hours is stated for repairs, but no time frame is stated for showings weighs more heavily toward 12 hours NOT being the applicable standard for showings. However, Florida case law may very well establish 12 hours or some other time frame as the minimum notice.
My interpretation of the statute is that the landlord cannot enter to show the property unless the tenant either consents or unreasonably withholds consent. If the tenant consents to the showing but requires the landlord to schedule the showing 24 hours in advance, it would be the landlord's obligation to prove that 24 hours notice was unreasonable.
Furthermore, section 3 provides a good argument that the landlord is in violation of the statute b/c the landlord's representative advised the tenant that advance notice would always be given, only to fail to comply with that standard, which I would say is an abuse of their right to enter.
I'm not a Florida attorney, but I don't agree with your interpretation of the statute. You can't interpolate the 12 hours notice stated for repairs to also be applicable to showings just because the 12 hours is deemed to be "reasonable" in the case of repairs. In fact, the fact that 12 hours is stated for repairs, but no time frame is stated for showings weighs more heavily toward 12 hours NOT being the applicable standard for showings. However, Florida case law may very well establish 12 hours or some other time frame as the minimum notice.
My interpretation of the statute is that the landlord cannot enter to show the property unless the tenant either consents or unreasonably withholds consent. If the tenant consents to the showing but requires the landlord to schedule the showing 24 hours in advance, it would be the landlord's obligation to prove that 24 hours notice was unreasonable.
Furthermore, section 3 provides a good argument that the landlord is in violation of the statute b/c the landlord's representative advised the tenant that advance notice would always be given, only to fail to comply with that standard, which I would say is an abuse of their right to enter.
And that is why I advised her to ask for 12 hours notice, she can ask for 24 hours if she wants.
I think it would be a reasonable time frame in most peoples eyes.
I wasn't posting the statute to get into a discussion on the interpretation of the statute. I was giving her the information so that she can approach the agent and landlord with at least some knowledge of her rights so that she could better state her case with them and get "her" reasonable notice, whatever that may be.
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