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OK, my wife and I recently moved into a duplex in MO. We were made aware that the property was for sale, but were assured that the stipulation of the sale was to continue to the end of our lease. Since we moved in in Sept. they have showed the house about 3 time, not so bad right?, but with each showing I get a phone call about 30-45mins prior to the time and told that the Owners "require" that we not be here... Heck today I didn't even hear the phone ring, I found out about the appt when they knocked on my door, does this mean that she is giving out the key to my property to show it.... I know that her husband is the agent but it was not her husband that was showing it today....
What are my rights in this?? I have looked through the MO statues and have been unable to find anything.
Doesn't the law require at least a 24 hour notice on entry
Generally there is a 24-hour notice required if they expect you to make yourself scarce during a showing. They can show it with less notice or even no notice at all but they have to be willing to tolerate your presence. It is likely that the owner's realtor has a key to the property and that realtor can lend it to any other realtor at his/her discretion.
Few states have the 24-hour notice requirement - most say "reasonable". You need to make an agreement that the house can be shown by the landlord/agent during time you are at work with 1 hour notice to you via cel phone or with 2 hours notice M-F and NOT on weekends if that is when you work schedule allows you to be home to enjoy your family and relax....in other words, allow entry when you are not going to be there anyway.
In the absence of written law, the operative word would be "reasonable" notice. Reasonable works for landlords, but it also works for tenants. If you're home in your jammies, enjoying your Sunday (or a Monday evening), an hour notice is NOT reasonable, and you could refuse to let them come in. I would.
Legally, the requirement to give notice, implies that one can refuse. Otherwise, notice would not be part of the law and they could just show up and demand entry.
I would think that there would have to be some clause in the lease agreement that said that you had to allow entry. You are paying for that space even if you are not buying it. Most duplexes are mirror images of the other side. Can they not show the otherside of the duplex? Does someone live on the other side? It looks to me, like they are trying to use your side as the model.
Regardless, your landlord had no right to give a key to your home to some one you do not know...that is a voliation of your property and your right to privacy...
Your right under the Minnesota Landlord Tenant Act
504B.211 Residential tenant's right to privacy.
Subdivision 1. Definitions. For purposes of this section, "landlord" has the meaning defined in section504B.001, subdivision 7, and also includes the landlord's agent or other person acting under the landlord's direction and control.
Subd. 2. Entry by landlord. Except as provided in subdivision 5, a landlord may enter the premises rented by a residential tenant only for a reasonable business purpose and after making a good faith effort to give the residential tenant reasonable notice under the circumstances of the intent to enter. A residential tenant may not waive and the landlord may not require the residential tenant to waive the residential tenant's right to prior notice of entry under this section as a condition of entering into or maintaining the lease.
Subd. 3. Reasonable purpose. For purposes of subdivision 2, a reasonable business purpose includes, but is not limited to:
(1) showing the unit to prospective residential tenants during the notice period before the lease terminates or after the current residential tenant has given notice to move to the landlord or the landlord's agent;
(2) showing the unit to a prospective buyer or to an insurance representative;
Looking thru the links Rick has posted, there doesn't seem to be any specific laws in Missouri covering your situation.
The short notice doesn't make sense. Properties sell better when they are clean. So short notice doesn't give you time to make the premises presentable. Next time they call on short notice, leave dirty dishes in the sink, newspapers strewn about the living room, unmake the beds, etc. If they complain, tell them, you are sorry, but you didn't give me enough notice to straighten up. If you give me more notice (minimum 3 hours) I can make sure things are neater.
The problem the agent has, is they never know when someone walks into the office looking for a property like yours. So they may not have much notice to give.
But I'm more concerned about the realtor having access to your home. I would strongly suggest that make a thorough home inventory with pictures and video walkthrough. I would also make sure the lease made the rental agent or the landlord responsible for any theft or damage to your property when the it was being shown.
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