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Old 04-20-2010, 02:57 PM
 
Location: Squirrel Hill
1,349 posts, read 3,559,706 times
Reputation: 406

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Selling and/or renting a home is a frustrating and stressful process... especially if you are not a professional land manager who owns multiple properties. It hard to find buyers in this market and every day the property sits vacant you lose money. You are leaving pretty soon, even if they find a buyer for the house tomorrow, its a good chance they wouldn't close successfully until a few weeks after you've moved out. There is also that Vegas slot machine mentality, the chances of any one individual person buying the house isn't that high but it could always be the next person that looks at it who does. As I mentioned earlier, potential buyers don't always have flexible schedules and can't just come whenever is good for you. I'm not sure if you've ever been in that position but if you have you may see it from a different perspective.

I don't think bringing in people to look at your house half an hour before a birthday party starts is really all that unreasonable. At least they aren't coming in the middle of it. Yeah it would be nice if they did it some other time, but they aren't. You aren't obligated to do anything other than let them in.
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Old 04-20-2010, 07:55 PM
 
Location: Chicago
38,707 posts, read 102,751,145 times
Reputation: 29967
Quote:
Originally Posted by aveojohn View Post
The landlord must give at least 24 hrs notice before entering your home. He cannot enter your home at will, unless it's an emergency.
If that's the case, your source doesn't say so.
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Old 04-21-2010, 07:42 AM
 
14 posts, read 42,205 times
Reputation: 12
Thanks everyone. Since I don't really have a choice in the matter, these poor people are going to walk through a messy crazy house! This landlord has pissed me unfortunately, I can never gaurentee how the house is going to look, beds made, dirty dishes, toys on the floor etc. It makes me sad that htey were not willing to come later in the day. Oh well, its not my house!
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Old 04-21-2010, 08:21 AM
 
Location: New Kensington (Parnassus) ,Pa
2,422 posts, read 2,265,924 times
Reputation: 603
Quote:
Originally Posted by Drover View Post
If that's the case, your source doesn't say so.
You are correct, it doesn't state 24 hrs, but it does say reasoable notice must be given.---

Quiet Enjoyment

Quiet enjoyment is the right to peaceful possession of the property you leased. Generally, a landlord cannot interfere with your possession and use of the property by harassing you in person or by telephone or by entering or allowing others to enter your apartment without reasonable notice and for legitimate purpose such as repairs, emergencies, or showing the apartment to prospective tenants. In addition, a landlord cannot withhold utilities or deny access by changing the locks. If a landlord does these things, you should advise him or her of your concerns in writing and in person. If the condition continues, you may complain to governmental authorities or seek court action to prohibit the action or to terminate the lease agreement.
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Old 04-21-2010, 12:51 PM
 
Location: Knoxville, TN
199 posts, read 518,682 times
Reputation: 190
Quote:
Originally Posted by sunflower1160 View Post
Thanks everyone. Since I don't really have a choice in the matter, these poor people are going to walk through a messy crazy house! This landlord has pissed me unfortunately, I can never gaurentee how the house is going to look, beds made, dirty dishes, toys on the floor etc. It makes me sad that htey were not willing to come later in the day. Oh well, its not my house!

I think 24 hours notice is ample time to to do the dishes and pick up the toys. Just my opinion.
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Old 04-21-2010, 04:51 PM
 
Location: Chicago
38,707 posts, read 102,751,145 times
Reputation: 29967
Quote:
Originally Posted by aveojohn View Post
You are correct, it doesn't state 24 hrs, but it does say reasoable notice must be given.---

Quiet Enjoyment

Quiet enjoyment is the right to peaceful possession of the property you leased. Generally, a landlord cannot interfere with your possession and use of the property by harassing you in person or by telephone or by entering or allowing others to enter your apartment without reasonable notice and for legitimate purpose such as repairs, emergencies, or showing the apartment to prospective tenants. In addition, a landlord cannot withhold utilities or deny access by changing the locks. If a landlord does these things, you should advise him or her of your concerns in writing and in person. If the condition continues, you may complain to governmental authorities or seek court action to prohibit the action or to terminate the lease agreement.
So in other words, you just made up the "24 hours" thing. The Pennsylvania Landlord Tenant Act doesn't even address quiet enjoyment, right of entry or reasonable notice; and there is nothing in the common law (whence the "quiet enjoyment" doctrine comes) that fixes "reasonable notice" at 24 hours. The net result is that "reasonable notice" or "adequate notice" is subject to rather broad interpretation to such a point that landlords in effect can give virtually no advanced notice.
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Old 04-22-2010, 07:42 AM
 
Location: New Kensington (Parnassus) ,Pa
2,422 posts, read 2,265,924 times
Reputation: 603
Quote:
Originally Posted by Drover View Post
So in other words, you just made up the "24 hours" thing. The Pennsylvania Landlord Tenant Act doesn't even address quiet enjoyment, right of entry or reasonable notice; and there is nothing in the common law (whence the "quiet enjoyment" doctrine comes) that fixes "reasonable notice" at 24 hours. The net result is that "reasonable notice" or "adequate notice" is subject to rather broad interpretation to such a point that landlords in effect can give virtually no advanced notice.
No, I didn't make it up, I thought I read it some where, guess I was mistaken. Bottom line is, the landlord can't decide on a whim to just walk right in.
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Old 04-22-2010, 07:50 AM
 
43,011 posts, read 107,645,904 times
Reputation: 30710
Quote:
Originally Posted by Drover View Post
The net result is that "reasonable notice" or "adequate notice" is subject to rather broad interpretation to such a point that landlords in effect can give virtually no advanced notice.
Reasonable and adequate might have broad interpretation, but there's no way that reasonable and adequate can be interpretted as giving no advance notice.

Quote:
Originally Posted by aveojohn View Post
No, I didn't make it up, I thought I read it some where, guess I was mistaken.
It's in Drexel University's Rights and Responsibilities of Tenants and Landlords --- Basic Tenants Rights --- courtesy of the University of Pennsylvania.

Quote:
Provide for the quiet enjoyment of the premises by the tenant. This means, privacy, peace, and quiet and use of
the premises; notify tenant of intention to enter the premises for any reasonable purpose (24 hour notice unless it is
an emergency, in which case the landlord can enter without notice);

http://www.drexel.edu/OCA/och/downlo...%20Respons.pdf
According to the University of Pennsylvania, it's a right that you can waive in the lease, but it's a right you can regain if you change your mind after you signed the lease:

Quote:
Access To Premises
A landlord must always have access to the premises. In emergency situations the landlord can enter without giving notice. For routine inspections/repairs or showing apartment after tenant has given notice of lease termination, a fair lease will require the landlord to give 24 hours' notice. Many leases, however, ask the tenant to allow access to the premises during reasonable hours on business days. If you sign such a lease, this is what you will have to do. If you, however, feel your right to privacy is violated, you should address this problem in writing and ask for notification. Your rights to privacy and quiet enjoyment supersede any terms of the lease.

http://www.business-services.upenn.e...sponsibilities
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Old 04-22-2010, 12:09 PM
 
Location: Chicago
38,707 posts, read 102,751,145 times
Reputation: 29967
Quote:
Originally Posted by aveojohn View Post
No, I didn't make it up, I thought I read it some where, guess I was mistaken. Bottom line is, the landlord can't decide on a whim to just walk right in.
The bottom line is for all intents and purposes, it looks like he certainly can.

Quote:
Originally Posted by Hopes View Post
Reasonable and adequate might have broad interpretation, but there's no way that reasonable and adequate can be interpretted as giving no advance notice.
What I actually said was that it can be interpreted give virtually no advanced notice. And why couldn't it be? There's no statutory definition of reasonable notice, and as far as I can tell, a complete absence of case law as well. I'm a landlord, I knock on the door and wait until you answer before entering so you've been given reasonable notice. And unless doing so violated a specific lease term, now it's up to you to establish that it wasn't reasonable notice. Good luck.

Quote:
Originally Posted by Hopes View Post
It's in Drexel University's Rights and Responsibilities of Tenants and Landlords --- Basic Tenants Rights --- courtesy of the University of Pennsylvania.



According to the University of Pennsylvania, it's a right that you can waive in the lease, but it's a right you can regain if you change your mind after you signed the lease:
Notice Drexel sites UPenn as its source, and in doing so it misinterprets what UPenn actually says. UPenn says "a fair lease will give 24 hours notice." It doesn't say anywhere that 24 hours notice is required by law; just that a "fair" lease will so provide. If it were required by law, then such a term wouldn't be required in a lease in order to make it "fair" because it would already be an implied term.
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Old 04-22-2010, 01:15 PM
 
Location: New Kensington (Parnassus) ,Pa
2,422 posts, read 2,265,924 times
Reputation: 603
I don't have time now, but I will research and see if I can find the source
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