May 04, 2016
Can landlord force tenant to allow prospective buyers to come view the apartment?
Dear Consumer Ed:
I have been renting a home for two years. When the lease was up in October 2015, the Property Manager was delayed in providing a new lease and did not do so until March 2016. He also informed me that the owner would be selling the house to an investor, but that it would not affect my renting the home or renewing the lease for one year because they prefer people living in the home. Does that mean that as long as I am living here I must allow prospective clients to come view the home? I did not see that in my lease. I prefer not to have my belongings and personal space viewed by strangers – whether I am home or not. The Property Manager threatened to change the locks and lock me out if I don't cooperate. I was not notified that I would need to have "open house" while living in the property. The lease will not be up until March 2017 and that means I’d have to have people in and out all year unless they get a buyer. Do I have any rights in this matter?
Consumer Ed says:
For the answer to this question, we consulted the 2012 edition of the Landlord-Tenant Handbook published by the Department of Community Affairs.
While the owner of your property has the right to sell the property whenever he chooses, he still has to abide by the lease that you and he signed. In Georgia, landlord-tenant relationships are generally governed by the terms of the lease agreement, except for some general protections provided by Georgia law. As part of the agreement to lease property from your landlord, you have the right to the exclusive use of the leased property. So, unless your lease states otherwise, your landlord can only enter the property if doing so is necessary to remedy a dangerous condition, prevent damage to the unit, or respond to an emergency on the premises. In such emergency circumstances, a landlord is not legally required to notify a tenant prior to entering the unit.
You should carefully review your lease to see if there is any language giving the landlord a particular right to enter the property. Commonly, a lease will contain language regarding the right to enter property after giving tenants reasonable notice in order to make needed repairs and to show the property to prospective new tenants or purchasers. If your lease does not give the landlord the right to enter the property, you could legally refuse the landlord entry except in case of an emergency. However, it is best for you and your landlord to discuss the matter and reach a mutually acceptable solution. A reasonable solution might be for the landlord to provide advance notice, such as 24 hours before entering the property.
Importantly, a landlord cannot prevent a tenant from entering or leaving the property without a court order. “Self-help” evictions, including changing the locks, are illegal in Georgia. A landlord can, however, file a dispossessory action to remove a tenant from the property if the tenant violates a term of the lease, fails to pay rent, or fails to surrender the premises after the lease has ended. So, if there is a provision in your lease regarding the landlord’s right to enter the property, and you are in breach of that provision by not cooperating, your landlord may file a dispossessory action to remove you from the property.
If you cannot bear your living situation, be aware that your ability to get out of your lease still depends on its written terms. This means that even if you break your lease and move out, you may still be responsible for paying rent on the remaining lease, and could even be subject to an early termination fee if that is what your lease states.
If you cannot settle this dispute with your landlord, you should consider hiring an attorney. For more information, you should consult the Georgia Landlord Tenant Handbook available at www.dca.ga.gov.