(831) 655-7840 info@MontereyRentals.com

Showing a Tenant-Occupied Property – the New Rules

In Property Management classes, I have always taught that a listing agent of tenant-occupied property cannot hold an open house over the weekend without the tenant’s permission, for the reason that the applicable statute, California Civil Code section 1954, permits

JANthe agent to enter the leased premises to show the property to prospective buyers only during “normal business hours,” which we have always presumed to mean Monday through Friday, 8 am to 5 pm.

However (score one for the landlord!), a recent California court (Dromy v. Lukovsky (2013 WL 4654568)) found that a landlord’s right to enter leased premises during “normal business hours” means “objectively reasonable hours under the facts and circumstances of the case, keeping in mind the right of tenants to quiet enjoyment and the right of landlords to sell their property.”

 The court went on to say that residential real estate sales agents customarily hold open houses on weekends, thus weekends are “normal business hours” for those agents.

In light of the Dromy decision, listing agents who want to arrange weekend open houses should obtain the tenant’s consent or comply with the reasonableness standard required by the Dromy court.

In Dromy, the court ordered as follows:

 1.      Listing agent could hold 2 open houses per month;

2.      Open houses could be on weekend days between 1:00 p.m. and 4:30 p.m.;

3.      Listing agent must be present during any open house; and

4.      Listing agent must give 10-day advance email notice to the tenant of proposed weekend open house dates, and give the tenant 48-hours to acknowledge or provide an alternative weekend date.

While this is a significant victory for landlords and their sales agents, I urge you to keep in mind that it is never wise to enter a rented premise without the tenant’s permission.

So if a tenant refuses to grant you permission for open houses, even with your compliance to the above, you and the landlord should refer to your property manager and/or an attorney for assistance with giving the tenant notice to comply or quit (vacate the premises).

We now have this decision in our arsenal, which should make it easier to deal with this age-old problem.

 

Jan Leasure, Managing Broker

Monterey Bay Property Management
816 Wave Street, Monterey, CA  93940
831 658 4003; FAX 831 658 4011

www.montereyrentals.com

For Rent – Otter Cove Panoramic Ocean Frontage Retreat – Carmel CA

Carmel’s Siren Call! 

A rare opportunity to experience living in the most exclusive Ocean Front gated community of Otter Cove along Carmel’s South Coast is now available.

One of only a hand full of waterfront homes, this three bedroom, two and one-half bath, contemporary Mediterranean Cape Cod style home of over 3,000 square feet offers sweeping panoramic ocean views from every room and private beach access. 

This home is available for $7,500 per month on a one-to-two year lease to start and the owners kindly request no pets. As you enter through the large copper archway through the oversized front door the view to the ocean is breathtaking.

To the right of the entry, the master bedroom suite, with its own private bath, is complete with wood burning fireplace, French Doors to its own private deck, two walk-in closets, linen closets, dual sinks, stall shower and jetted soaking tub. From the entry, stairs take you to the main level with the open living room-to-dining room area and kitchen, all with large picturesque windows, and access to two additional decks. A second wood burning fireplace warms the cozy sunken living room area. The kitchen offers brand new Viking dual built-in convection ovens, cooktop, microwave and Bosch dishwasher.

The lower level completes the home with two additional bedrooms – both with access to outdoor patios at the ocean’s edge, a full bath with stall shower and soaking tub, and laundry room.

30530 Aurora Del Mar, CRML 086The laundry room is complete with a Maytag washer and dryer, sink, drip-dry closet, storage, and built-in ironing board. The larger of the two downstairs bedrooms has a third wood burning fireplace and can be used as an office or den.

Experience true coastal living in one of Carmel’s most highly sought after ocean front gated communities and wake up to the sound of the crashing waves!
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Please call Frank or Mary at 831-293-8720 or email; info@CVRents.com
to arrange an appointment to view this home.