Can a landlord put up a lockbox without permission in New Mexico?

UPDATED: Sep 30, 2022

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Can a landlord put up a lockbox without permission in New Mexico?

My landlord decided to sell a house we are renting from him recently and got a
Realtor to do the job. Yesterday, we discovered a lockbox hidden on the side of
the house. No one here was contacted or asked before it was put on. Can they
legally do this without the tenants’ permission, and if not, what can be done
about it?

Asked on August 7, 2016 under Real Estate Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They do not need the tenant's permission: it the landlord's house, and the landlord has the right to market and sell it--including putting up a lockbox and allowing prospective buyers and realtors to tour it. The tenants have no right to interfere with the landlord selling his property. The landlord does need to provide 24 hours notice before anyone enters the home--notice only, though; again, he does not need permission. If the landlord does not provide notice, the tenants could go to court and seek a court order preventing the landlord from showing the home without prior notice.

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 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.

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