If I’m renting a house that’s for sale, can the realtor force me to leave during showings?
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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 8 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.).
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