Q: Is it legal for our landlord to make us, the tenants, show the property for them on the weekends with no realtor presen
We gave our landlord 60 days notice that we would be vacating at the end of our lease. Since then, every weekend we have been asked to show the house to potential tenants. I know we are obligated to allow the landlord to show the property, but is it legal for them to ask us to do it? It’s very inconvenient to be responsible for showing the house every weekend. Are we allowed to refuse and request that the landlord be responsible for the showings?
A:
Under Florida law, landlords have certain statutory rights to access a house or other dwelling unit that is occupied by a tenant. This right to access is subject to certain limitations and can only be exercised in certain situations. One of the circumstances in which a landlord has the right to access the property is to "exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors." This right, however, arguably does not extend to potential tenants who seek to access the property without the presence of the landlord.
Additionally, while a landlord is not necessarily prohibited from requesting that a tenant (rather than the landlord) exhibit the property to potential tenants, tenants are arguably not obligated under Florida law to comply with such a request.
I suggest contacting an attorney to work out these issues with your landlord if they continue to persist on having you show the property to potential tenants without the landlord present.
A: I concur with the advice and analysis of attorney Sanabria. The landlord asking you to show the unit is not illegal to ask you to do the same. Yes you can refuse to show the unit for the landlord.
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