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When I moved into the apartment I live in currently I painted my bathroom and replaced the knobs. My lease ends July 15 and they are planning an open house for this weekend.
Apparently I am not good enough at cleaning and they are hiring a maid to come and clean. I have been requested to put all my personal items that I keep out (magazines, figural, "table top stuff", ect) away and none of my possessions should be seen.
The land lord has also informed me that the bathroom has to be painted back. That's fine we where planning on it. However he has since informed me that he wants the bathroom to be painted before the open house. God forbid someone see a pink bathroom. He told me a handy man was coming over today to fix things.
When I walked into my apartment everything from my bathroom was thrown on my couch in the living room. I had a laundry basket and a set of drawers, all my shower stuff and everything from the bathroom was just thrown in my living room.
Has anything like this happened to anyone? Is he allowed to do this? I am really annoyed. Or am I over reacting.
Ohiogirl, you know you can be punitive and deny the open house. you can trash the place and leave the toilet unflushed. You have no obligation to put your bong away. come on! Does he have the right to throw your stuff around? Of course not! Is there a law against that, that is prosecutable? Not really.
Given your history with this turd I'm surprised you let anyone in without you being there.
Is it common to paint this far in advance tho? That's my real confusion.
I'm not really looking for any "legal" anything. Although I told him that he was required to give me 24 hours notice. When I told him that was the law he got angry. Also I'm not allowed to be around during any showings. Even if they are on the weekend. Funny because when I saw places I liked them before the tenants where usually there and I could ask them about the apartments.
Best part is I found a new place and it's also a co-op and it looks as tho I am never going to meet the unit owner. The broker is handling everything and so far it's been a really pleasant experience.
Is it common to paint this far in advance tho? That's my real confusion.
I'm not really looking for any "legal" anything. Although I told him that he was required to give me 24 hours notice. When I told him that was the law he got angry. Also I'm not allowed to be around during any showings. Even if they are on the weekend. Funny because when I saw places I liked them before the tenants where usually there and I could ask them about the apartments.
Best part is I found a new place and it's also a co-op and it looks as tho I am never going to meet the unit owner. The broker is handling everything and so far it's been a really pleasant experience.
You call yourself a New Yorker??? Are you seriously going to let him do this while you're not there? You should be spanked!
Is it common to paint this far in advance tho? That's my real confusion.
I'm not really looking for any "legal" anything. Although I told him that he was required to give me 24 hours notice. When I told him that was the law he got angry. Also I'm not allowed to be around during any showings. Even if they are on the weekend. Funny because when I saw places I liked them before the tenants where usually there and I could ask them about the apartments.
Best part is I found a new place and it's also a co-op and it looks as tho I am never going to meet the unit owner. The broker is handling everything and so far it's been a really pleasant experience.
Your LL sounds like a real azz. Tell him that right now, this is YOUR apartment. If you feel like sleeping in on the weekend, he can just hold the open house around you. He can't tell you you're "not allowed" to be around! He's probably afraid you'll tell any prospective tenants what a moron he is!!!
As far as the handyman or whoever throwing your stuff on the sofa?? I'd be furious at that!!! I would also let the LL know it --- maybe in front of his prospective tenants......
If he wants you to be out of your apartment on a weekend so he can show it, tell him he has to PAY for your absence because you have no plans and nowhere to go and you need some money to keep you entertained otherwise, you'll just have to be home, bong in hand, watching "Up In Smoke" or "Animal House" or some other similar movie --- along with a group of your closest friends!
Ok, read your lease! Is there any provision giving the LL the right to show the apartment?
Sometimes there's something allowing the LL, and compeling the tentant to provide/allow access withih a certain period or condition. For example, during the last 30 days; upon notice of move out; potential buyers, etc.
If not, then the only access which is required is upon emergency. You can absolutely refuse.
If the LL has entered your apartment w/o permission and not in regard to an emergency, call the police. Simple as that. If there are any damages, or missing items, the LL is responsible. Have the police document the instance and any damage and/or missing items. Take pictures. Get the police report!!! Make sure to have receipts for the items damaged and/or missing. Again, irregardless, have the police document the instance!!
You can choose to deduct the damages from rent owed; or, sue for damages in civil/small claims court. If you deduct from rent owed, and the LL disagrees, he may sue for non-payment. You'll need to defend with the proof above.
You are not required to allow the LL to paint.
Unless provisioned in the lease you are not required to show, nor allow to be shown the apartment. If so prvisioned there s/b stated the days of the week, and the hours of the day, the apartment can be shown.
You are in NO way, whatsoever, required to vacate your apartment in order that it be 'shown'. You can absolutely refuse.
You are required to return the apartment to the LL in the same condition you received it, less normal/reasonable wear and tear. So, the pink bathroom has to, upon move out, be restored; or, forfeit and have deducted the cost of painting from the security deposit. The remaining balance s/b returned.
***
The LL appears to be in the process of selling the property. He apparently hopes to find a buyer while you are resident and paying rent. Once you vacate and are no longer paying rent, he will be compeled to keep the apartment vacant, and to carry the costs of the property out of pocket.
Presumably, it is this cost the LL is attempting to forestall, by demanding the repainting prior to move out; by demanding the apartment to be shown; to be shown while resident, immediately residing and present; and, demanding that the apartment be in 'show' condition (the removal of your personables, etc.).
NONE of which is required by law, unless that which is legal AND provisioned by lease agreement. As previously stated, 'showing' can be provisioned and agreed; but, little else is required upon the tenant, and you are NOT required to do so when not present.
The LL is acting in his sole interest. You should act in your interest. You can do it yourself, or you can retain counsel to review your lease, and to inform the LL to back the F off! For the review and written correspondence, a fair fee w/b $150-300. You can attempt to deduct this cost from the rent, the consequences of similar such action, I've previously outlined above. Consult your L&T attorney further in this regard.
I would not let him in untill you vacate and then give him the keys. period and end of it.
I would not let him show the apartment while you are still living in it.
I agree. You're paying rent so that is your apartment unless something is written on the lease about allowing the landlord to show it to prospects which i doubt.
"Also I'm not allowed to be around during any showings." Tell your landlord no deal. He can conduct his open house on July 16 or make an appointment with you. Your belongings are still in the apt and your still paying rent so he can't tell you want to do.
I also said there could not be any showings from Thursday - Tuesday as my family is in town and my sister is staying with me. There is going to be a showing tomorrow and an open house on Saturday. The open house we originally going to be Sunday but I said no. He's not happy about that because apparently Saturdays are unpopular for open houses. Not like i found my new apartment at a Saturday open house or anything.
He also shattered my mirrored door. He replaced it but boy was it fun to come home to a shattered mirror.
Also the handy man has been using my bathroom. I went back to Ohio for a weekend and I came home to the bathroom smelling. Now I wasn't there to use the bathroom so who did?
I don't mind if he wants to show the apartment, but whether I'm
there or not is not up to him to decide. I would not let him paint
the apartment before I move also, and big no no to stranger handyman
in the apartment while I'm not around. You should feel lucky if all
the handyman did was just used your bathroom. Who knows what
he could've or might've done while you not there. Can you imagine
the handyman taking a nap in your bed? Go through all your items,
and try on some of your pink clothes since you got such a lovely
pink bathroom?
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