Can a Landlord in Baltimore City enter your apartment without 24 hours notice? (apartments, leasing)

[DallasReeves]

For many and various reasons, my wife and I are leaving this apartment in Roland Park:

Large 1 Bedroom Apt w/ Den in Roland Park

We supplied our landlord with proper notice (60 days). They’ve been promoting the space to prospective tenants since August 1st.

We certainly don’t want to interfere with their rights to show the space and sign another tenant. However, our issue is we receive very little heads up (same day, less than 24 hours in most cases) when they do want to show the space to prospective tenants. They’ve set up hours in the evening (M-F 6-7 pm), and on the Weekends (1-4 pm). While those hours aren't terrible, there have been multiple instances when we get a call for example at 2 pm, and they want to show the space at 6 pm - the same day. Over multiple days in a row for instance (rather than schedule for the next day).

It gets really awkward, because my wife and I will literally be eating dinner, or relaxing / unwinding when they come and show the space to strangers. It’s very disruptive and awkward.

I guess my question is, what is reasonable? Our lease states “Except in an emergency, we shall give you at least 1 day notice before we enter the premises and shall not enter the premises unless you are present, or have consented to our entry, which entry shall not be unreasonably witheld”. Problem is, on one occasion recently, they DID enter our property without us being present, without our consent and not giving us 24 hours notice. We confronted them about this (with the copy of our lease) and they were very defensive and belligerent. They stated to us that in the "23 years they've been leasing apartments, nobody has ever asked to be present during tours". I found that hard to believe.

I certainly don’t want to escalate the situation unless necessary.I know they need to get the space rented, but I feel like the landlords are not following their own lease. Would contacting a lawyer be necessary? If so, can anyone recommend a good one for tenant advocacy? If not going that far, what would be a sound course of action?

[mrboltonman]

I do think they are breaking the law based on my understanding about entering someone's apartment.

You could threaten to call the cops if the proper notice isn't given.

Hiring a lawyer seems expensive but I think is the based way to protect yourself. I would call BNI first:
BNI | Tenants & Landlords

[kharing]

A quick google search came up with this:

Right of Entry by Landlord and Tenant's Right to Privacy
The tenant has a reasonable right of privacy; that is, the landlord does not have the right to enter the premises at any time and for any reason. If the landlord does this, he may be guilty of trespassing.

However, the landlord has a right of reasonable entry for such purposes as to inspect the premises, make repairs, show the premises to a prospective new tenant, etc. Except in case of emergency, landlords are advised to notify the tenant and reach a mutually acceptable agreement about the specific time of entry.

The balance between tenant's right to privacy and landlord's right of entry can usually be reached by a fair and reasonable agreement between tenant and landlord.

Right of Possession and Right of Entry | The People's Law Library of Maryland

I remember your post this spring....the landlord that tried to give you a tongue lashing for leaving the door unlocked, right?

Sad things didn't work out and hope your move goes smoothly.

Love his typo on Craigslist....lardlord!

[DallasReeves]

Originally Posted by kharing

A quick google search came up with this:

Right of Entry by Landlord and Tenant's Right to Privacy
The tenant has a reasonable right of privacy; that is, the landlord does not have the right to enter the premises at any time and for any reason. If the landlord does this, he may be guilty of trespassing.

However, the landlord has a right of reasonable entry for such purposes as to inspect the premises, make repairs, show the premises to a prospective new tenant, etc. Except in case of emergency, landlords are advised to notify the tenant and reach a mutually acceptable agreement about the specific time of entry.

The balance between tenant's right to privacy and landlord's right of entry can usually be reached by a fair and reasonable agreement between tenant and landlord.

Right of Possession and Right of Entry | The People's Law Library of Maryland

I remember your post this spring....the landlord that tried to give you a tongue lashing for leaving the door unlocked, right?

Sad things didn't work out and hope your move goes smoothly.

Love his typo on Craigslist....lardlord!

Correct, I'm the same person who posted in the Spring. It's worth pointing out that they're asking for more rent ($1600 vs. $1500) - What I don't understand is why they would raise the rent by another $100 when we are beginning to enter (From what I understand) the off-peak part of the year to lease apartments / homes? Especially being in the Hopkins bubble - most students and faculty are pretty set with their living arrangements by this point.

I did not see that typo! Hilarious.

[MrRational]

Originally Posted by DallasReeves

For many and various reasons, my wife and I are leaving this apartment in Roland Park:

...our issue is we receive very little heads up when they do want to show the space
I guess my question is, what is reasonable?

Pretty much anything this side of forcing you to leave sooner or get a court injunction.

We supplied our landlord with proper notice (60 days).
They’ve been promoting the space to prospective tenants since August 1st.

And they'll keep doing that until the place is actually empty and ready to be moved into...
as rather few qualified prospects will do more than look before an apartment is empty.

[BMoreJuice]

Went through a similar problem. Apparently they can show the apartment 24 hours once they are notified, and that's including that you paid your rent for the month.

[kharing]

Originally Posted by DallasReeves

Correct, I'm the same person who posted in the Spring. It's worth pointing out that they're asking for more rent ($1600 vs. $1500) - What I don't understand is why they would raise the rent by another $100 when we are beginning to enter (From what I understand) the off-peak part of the year to lease apartments / homes? Especially being in the Hopkins bubble - most students and faculty are pretty set with their living arrangements by this point.

I did not see that typo! Hilarious.

How much you want to bet, he'll try and keep your security deposit?

[DallasReeves]

Originally Posted by kharing

How much you want to bet, he'll try and keep your security deposit?

This is something I've thought about as being a real possibility. I've been keeping this blurb from the Maryland Attorney General in my back pocket. Particularly the bolded statement. It states:

"The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.

If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.

You have the right to be present when the landlord inspects your rental unit for damages at the end of your lease, if you notify the landlord by certified mail, at least 15 days prior to moving, of your intention to move, the date of moving, and your new address. The landlord must then notify you by certified mail of the time and date of the inspection. The inspection must be held within five days before or five days after your move-out date. The landlord must disclose these rights to you in writing at the time you pay the security deposit. If the landlord does not, he or she forfeits the right to withhold any part of the security deposit for damages."

[dogpark]

DallasReeves - if you are really concerned about losing or fighting over your security deposit, I suggest you use your cell phone etc to video a walk around the premises to document condition when you leave.

I have had tough landlords before, CYA.

[MrRational]

Originally Posted by DallasReeves

This is something I've thought about as being a real possibility.
"The landlord must return a tenant's security deposit plus interest,
less any damages rightfully withheld, within 45 days after the tenancy ends.

That's usually intended to be about deductions for physical damages...
but there ARE other expenses that can be deducted.

Originally Posted by DallasReeves

We supplied our landlord with proper notice (60 days).

Is that supposed to mean the LL has agreed to excuse you from responsibility
for the balance of rent due during your lease term -or until they find a replacement for you?