Waipahu, HI asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii

Q: How often can a landlord access a tenants home before it's considered abusing their rights to enter?

I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every other week, and more private viewing until the house sells. My contract states the landlord can show it to anyone who may want to buy, but it also states the landlord will not abuse this right. Can this be considered abuse of the landlords right to enter the house? What are my rights as a Tenant? Also, do agents hired by the homeowner have the same rights to enter as the landlord?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Landlord Tenant Lawyer
  • Tallahassee, FL

A: Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several questions you now ask, (1) the issue of the owner "not abusing this right" cannot be answered here on Justia--because it is a question of fact requiring investigation and submission to some fact-finder (like a court or a mediator). (2) However--before you waste your money suing, the fact that the owner did NOT show the house until the last 90 days of your lease is a very powerful fact to overcome. (3) Your "rights as a Tenant" are spelled out in the written lease. and (4) Finally, Agents of the homeowner have a legal right to enter the house to show the house to prospective buyers--tempered only by a legal standard of "reasonableness" which is also a fact that cannot be answered here on Justia. (Hint: Agents who bring prospective buyers to see the house in the middle of the night are probably not acting "reasonable.")

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