Can Our Landlord Do This?

[Brother Adam]

Our landlord requires 30 days notice before moving out or he will keep our entire deposit. I gave our 30 days notice today so we can leave on August 6. He said that he plans on showing our apartment to prospective clients. I don't really have a big problem with that, but he said while he will give us a call before anyone comes over, he plans on coming whenever a new tenant is ready to view it - whether he we are home or not or whether we want someone in our apartment at the time or not. The call is only meant to be a "courtesy call". My understanding is while we have a lease on the apartment it is our private residence and we make the rules if he wants to show off our apartment. Is that correct?

[corban711]

i would think that your understanding is correct. however...sometimes the fine print can take away your "rights". i don't know what was on your lease agreement. it is possible that he can do that, but i would want to make sure. i know i wouldn't want him just coming over any time to show it off. that could be quite terrible depending on when they came!

[CatherineM]

When you list your house for sale in a MLS list, any Realtor with the code to the box can show the house/condo at any time. They have to knock first, but don't have to give any notice. When we were looking at condos, the realtor showed us an apartment that someone was asleep in, and his wallet was laying out on the counter. I felt creeped out by the whole thing, but it was legal. What was worse, we ended up buying another unit in the same building, so we saw this guy repeatedly until his lease was up and the new owner moved in.

This was basically someone renting an apartment with no control over who could come in or when. I'm pretty sure it works the same way whether the owner is showing a place for rent or for sale. So much depends on what your lease says, and what the local tenant laws say. This is one area of the law where things vary widely by jurisdiction, but whatever is in writing goes. If you don't let him in, that could be grounds for losing some of your deposit. It would be viewed the same as him having to delay getting a new tenant because he had to do a repair. Anything you do that prevents him from being able to immediately have a new paying tenant when you move out can hurt you financially.

[Brother Adam]

Interesting. There is nothing in our lease about showing the apartment. That seems to a clear violation of that gentleman's privacy.

[homeschoolmom]

I dunno... I think he probably does have the right to show the apt. If he waits until you vacate, he may not have anyone in the apt. for awhile. Just saying.

[Brother Adam]

I'm not saying I'm against him showing the apartment, I'm saying I'm against him being able to come over any time he wants whether we want him over or not. There are some times that we ehem, expect our privacy. Also, if allows tenants to enter our apartment at any time with or without our permission, who knows if they will have sticky fingers. We also have highly confidential information kept in our home in files on some of our families that I work with. I guess since we are home most of the time I don't think it is too much to ask for 1 day notice and that we are here when our private home is shown to others.

[homeschoolmom]

Well, what I'm saying is he may not have one day's notice. Someone could come to his office and want to see an apartment. I think he, as a courtesy, would call to say they were coming. But if you don't answer, he does, I think, have the right to show it anyway.

I would just make sure that you keep your valuables safe and your papers in their files...

and, ehem... answer the phone.

[peach_cube]

Unfortunately, I think this is pretty standard practice. (I bet if the place is a mess when unannounced and clean when announced it would curb his practice)

[prose]

Here, in every apartment I lived in, the rule was that a landlord could enter the premises with 24 hours notice. That was so long as they had good reason. Showing the apartment was considered good reason.

But that is just the law here.

[Brother Adam]

Whelp, what can I say, I had no idea that tenants at one time apparently so easily gave up any expectation of privacy in their own homes. Not the brightest of people eh?

"Here, in every apartment I lived in, the rule was that a landlord could enter the premises with 24 hours notice. That was so long as they had good reason. Showing the apartment was considered good reason."

That is what I thought the law was everywhere as well. I'll have to look up the particular laws here since he is known for breaking the tenant laws. I know that a landlord can request access within 24 hours. Hell, I have no problem with them calling and if it is okay with us coming over right away. I do have a problem with anyone being able to come in our apartment at any time with or without a staff member or us present. I'll have to move some of the files out of our place today - I have permission to keep some files from the state here and the owner could face serious penalties if they were tampered with.

[prose]

Well, you may want to check. In the case of the places I have lived in here, the notice also had to be written.

[Apotheoun]

Obviously if you notice any of your personal items missing after a "visit" you should contact the police and file a theft report.

[Farsight one]

That's why, for the next 30 days, you sleep on your couch in your boxers in the middle of the day. That'll sure discourage them showing the apartment to people after the first "interruption".

[Alycin]

I'm not sure where you live so you'll need to look up your own local laws but here are some things I found:

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According to California Civil Code § 1954 (emphasis added):

(a) A landlord may enter the dwelling unit only in the following cases:

(1) In case of emergency.

2.

(2)To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
3.

(3)When the tenant has abandoned or surrendered the premises.
4.

(4)Pursuant to court order.

(b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.

© The landlord may not abuse the right of access or use it to harass the tenant.

[b](d) the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry.[/b]
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At times, your landlord or apartment management may want to enter your apartment to show it to prospective tenants. You should always be given advance notice of such showings. If your landlord repeatedly shows your apartment with reckless abandon and without notification, address the issue with the landlord directly, making sure to document some evidence of your complaint. If his or her behavior continues despite your request, you may be entitled to move out or sue your landlord for invasion of privacy. If you vacated the premises, you’d be trying to pass off the consistent entrances into your apartment as a “constructive eviction” that broke the terms of your lease by denying you the reasonable enjoyment of your rented space. If you sued your landlord, you’d be trying to recover the damages of living in a state susceptible to unexpected intrusions. Either way, always make sure to seek legal advice from a tenants’ rights organization or a lawyer before taking significant action like moving out of your apartment. After all, you don’t want to be stuck paying rent for an apartment your landlord has driven you to leave.
[url="http://ohmyapt.apartmentratings.com/landlord-trespassing.html"]http://ohmyapt.apartmentratings.com/landlo...respassing.html[/url]
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[Caramelonion]

I've lived in an apartment in the Dallas area for years and I have never heard of the Leasing Office showing an apartment until it has been vacated. I know that I didn't see my apartment until the day I moved in. I was shown a similar one.