Must I allow an open house?

Ray Vincent · Joined: 30 Sep 2009 Posts: 4

My landlord wants to hold a 3-hour open house to show the house currently occupied under lease by my family. We already allow brokers in during two specific time slots during the week as long as advance notice is given. Can I tell him no?

TenantNet · Joined: 21 Jan 2002 Posts: 4461 Location: New York City

Read the access rules in the reference section (link above). Search on the forum - this has been covered many times. While you may have to allow access, it can be essentially on your terms -- with advance notice and when you are there. You can negotiate with the LL on many specifics. If they give you a certain date/time, you can counter with an alternative. If you already allow access, you are not required to open your doors whenever they want.
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Ray Vincent · Joined: 30 Sep 2009 Posts: 4

Thank you; and I apologize for any duplication. I did search this before posting and found one question about whether the landlord could have an open house and request that the tenant be off premises for the duration. Since that was not the same situation as the one I asked about, I went ahead and posted.

queensborough · Joined: 20 Apr 2005 Posts: 703

Don't do an open house. It is really a nightmare. We allowed our LL to do an open house. People come in and touch everything, open everything, etc. and the RE agents just sit at the table and no one is watching these people. Since you are allowing them to come and look at the house by appointment, you don't need to do an open house.

TenantNet · Joined: 21 Jan 2002 Posts: 4461 Location: New York City

In any case, whenever you have people in your apartment for whatever reason, you have every right to insist on being there to watch (and if needed, to ask them not to touch or open things). They have no right to invade personal space. You can insist that it takes place at a time when you can be there and that the LL or RE agent can't just enter. YOu can limit the number of people at any given time (lie no kids). You can insist on no photos (you will have no control over photos of your possessions). While the law provides some limitation on notice, in practical terms, you have a lot of leverage on how and when any inspection is to be conducted.
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Information from TenantNet is from experienced non-attorney tenant
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Ray Vincent · Joined: 30 Sep 2009 Posts: 4

Thank you! Not surprisingly, this is the answer I was hoping for. I was concerned that saying no to this request would put me in a legally vulnerable position.

TenantNet · Joined: 21 Jan 2002 Posts: 4461 Location: New York City

It could if it was the only request they have made, but you indicated that brokers already can come at two predetermined times. Of course, if you have a nasty LL, they might threaten you.
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The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.