Here’s a detailed list of possible questions about the Keysafe/Lockbox Addendum and Tenant with explanations for each:
- What is the purpose of the Keysafe/Lockbox Addendum when a property is tenant-occupied?
It documents the tenant’s consent to allow a lockbox on the property, outlining who will have access, under what conditions, and ensuring legal compliance with landlord-tenant laws.
- Is the tenant required to agree before placing a lockbox on the property?
Yes. In most jurisdictions, a tenant must provide written consent for a lockbox or for giving access to third parties, unless the lease already grants such permission.
- Can access be granted without the tenant present?
Yes, if the tenant consents in writing. The addendum typically allows the landlord, listing agent, and authorized parties to enter without the tenant present, provided proper notice is given.
- What notice must be given to the tenant before showings?
Most states, including California, require at least 24-hour written or verbal notice before entry, unless the tenant agrees to shorter notice or a different arrangement.
- Who is responsible if something goes missing or is damaged during a showing?
The addendum may specify liability; however, generally, the listing broker has a duty to take reasonable precautions. Tenants may still raise claims, so documenting all entries is important.
- Does the tenant have the right to refuse lockbox access after initially agreeing?
Yes, but any changes should be in writing. Refusal could impact the sale process, and the landlord may have remedies depending on the lease and state law.
- Can the tenant limit showing times or days?
Yes. The addendum can outline mutually agreed-upon showing schedules to minimize disruption to the tenant’s use of the property.
- How is the lockbox code managed for security?
The code should only be given to authorized agents through the MLS or a secure showing service, and it should be changed periodically or after suspicious activity.
- Can a tenant request to be present during all showings?
Yes, although this may make scheduling more difficult. The addendum can clarify whether this is allowed or practical.
- Does the lockbox addendum affect the lease agreement?
It supplements the lease by adding access provisions for sales purposes, but it does not replace the tenant’s general rights under the lease or state law.
- What happens if the tenant denies access despite the addendum?
The landlord may need to pursue legal remedies for breach of lease terms, but in most cases, open communication and renegotiation are preferred to avoid delays.
- Can photos or videos be taken during a showing when the tenant’s belongings are present?
Yes, but the tenant should be informed and may have privacy concerns. The addendum can address media rights and restrictions.
Disclaimer:
The questions and answers provided are for general guidance only and may not cover all details or apply to every situation. If anything is unclear or you need further clarification, please visit car.org for official resources and the most up-to-date information from the California Association of REALTORS®.
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