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Old 05-23-2015, 01:55 PM
 
2 posts, read 3,228 times
Reputation: 10

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We have been leasing a home for 1 1/2 years. We were recently told they will be selling the property. We were then given a 30day termination of tenancy, we are paid through June 1st. The landlord comes by everyday to water flowers, garden, clean the pool. This is not part of our lease and we have handled this for the past 18 months. What are my rights, can I ask her to leave? I have asked her to give us notice and not to come daily but she completely disregards my request. I have asked her to leave by 2pm today due to a Memorial weekend BBQ at the home but she's still here at 4pm. Do I have rights? I am unable to enjoy the yard for 1 day this month due to the daily maintenance of the yards. We have a pool and beautiful yard we would like to be enjoying.
We are in Massachusetts and I can't seem to get an answer under tenants rights. It seems they have to give 24 hour notice for repairs but nothing about daily watering and maintenance of yards. We also pay the water for the property and they are coming power washing the home, filling the pool, watering the yard daily. Can this be stopped?

Thank you!
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Old 05-23-2015, 02:01 PM
 
Location: Beautiful Rhode Island
9,290 posts, read 14,899,623 times
Reputation: 10377
Who's responsible for maintenance of the yard in your lease? If she is, then you can't ask her to leave. If you are, you should be maintaining the grounds and informing her- in writing- that she has no need or right to come over.
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Old 05-23-2015, 02:08 PM
 
28,115 posts, read 63,659,938 times
Reputation: 23268
Have your lawyer review the lease in context with the Landlord's actions...

If the lawyer believes the Landlord to be overstepping... have the lawyer draft a letter stating such and what you expect going forward.

One sure way to get their attention.

Selling property is a very stressful time and more so for tenants in single family homes...

I've always had arrangements for cooperative tenants... like a rent credit for short notice showings.

Sometimes the tenant is not willing to cooperate which means I wait until vacated.

Water is a hot button issue in California with severe restrictions, penalties and fines.

Sounds like one solution is for the Landlord to cover the water bill...
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Old 05-23-2015, 02:38 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Your tenancy ends in eight days so I see no point in asking an attorney to review your lease and draft a letter to her. Yes, your LL is being a pain getting the yard in shape for selling and yes of course she should wait until you're out of there to do all this stuff (and it's a bit daft when you've told her you're having a Memorial Day BBQ) but there's not really much you can do about it at this late date.

There's so much you've left unsaid and a lot depends on exactly when and how you've approached her on the subject. The only thing I suggest you do is address the water issue and do it nicely in writing, asking her to please cover any water charges above your normal usage when the bill is received.
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Old 05-23-2015, 02:43 PM
 
28,115 posts, read 63,659,938 times
Reputation: 23268
^^^ Of course you are correct.

As to the stopping part... a legal review is the only thing I can come up with.

Even after the move... there will still be the issue of the security deposit disposition.

I don't know... with my personality... I might have said we are having a holiday BBQ and since you're here all the time... I have you down to bring the steaks...
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Old 05-23-2015, 03:08 PM
 
12,016 posts, read 12,754,485 times
Reputation: 13420
You didn't care until they told you that you had 30 days to leave? and you couldn't enjoy your yard 1 day? and the LL does all this extra work and it's a bad thing how?
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Old 05-23-2015, 04:09 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Quote:
Originally Posted by Ultrarunner View Post

I don't know... with my personality... I might have said we are having a holiday BBQ and since you're here all the time... I have you down to bring the steaks...
Yep!
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Old 05-23-2015, 07:27 PM
 
7,672 posts, read 12,818,359 times
Reputation: 8030
Only thing that would irritate me is the usage of your water if you pay for it. Turn off the water main if you are paying for it. If you are on the well, I would ignore her. When your guests come, tell her, "I have guests coming, please leave" If she doesn't leave, then call the police and report her for trespassing.

Depends on how cranky I am though. Most likely, I would just ignore her and party on.
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Old 05-24-2015, 12:10 AM
 
Location: Riverside Ca
22,146 posts, read 33,524,353 times
Reputation: 35437
Quote:
Originally Posted by Motomam View Post
We have been leasing a home for 1 1/2 years. We were recently told they will be selling the property. We were then given a 30day termination of tenancy, we are paid through June 1st. The landlord comes by everyday to water flowers, garden, clean the pool. This is not part of our lease and we have handled this for the past 18 months. What are my rights, can I ask her to leave? I have asked her to give us notice and not to come daily but she completely disregards my request. I have asked her to leave by 2pm today due to a Memorial weekend BBQ at the home but she's still here at 4pm. Do I have rights? I am unable to enjoy the yard for 1 day this month due to the daily maintenance of the yards. We have a pool and beautiful yard we would like to be enjoying.
We are in Massachusetts and I can't seem to get an answer under tenants rights. It seems they have to give 24 hour notice for repairs but nothing about daily watering and maintenance of yards. We also pay the water for the property and they are coming power washing the home, filling the pool, watering the yard daily. Can this be stopped?

Thank you!
Legally a LL has to give 24 hr notice to come over. And it has to be for a reason not water the plants bs. What yard needs a daily maintenance?
You can absolutely stop her. You are the legal resident of the property. While she may be the owner and she has certain rights they don't always trump your rights. If it was me I would simply call and tell her that she needs to give notice IF she wants to come iver and why. If she just shows up I would have no problem calling the cops on a trespasser




Quote:
Originally Posted by so954 View Post
You didn't care until they told you that you had 30 days to leave? and you couldn't enjoy your yard 1 day? and the LL does all this extra work and it's a bad thing how?
Eh I dont care if I have 3days left on my lease. It's MY lease time that I paid for.. That means you can't just come over because you are the owner. She wasn't asking the LL to do all this " extra" work.
The rules of the lease work both ways.

Last edited by Electrician4you; 05-24-2015 at 12:20 AM..
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Old 05-24-2015, 12:39 AM
 
Location: Silicon Valley
18,813 posts, read 32,495,141 times
Reputation: 38575
Well, you will be out on June 1st. So, if you don't need the landlord reference, just stop her from coming in. Tell her, nope, she can't come in and to just sue you or call the cops. By the time she does so, you'll be gone.

If you need to explain to a cop what the problem is, just say you have the "right to quiet enjoyment" and she didn't give you 24 hours notice to enter.

You can also tell the landlord you will be charging her for water, and since that can't be specifically determined, you have decided that $100/day will be fair, if she is determined to give you 24 hours notice to enter every singe day, and use the water you pay for.

If you let her know you will be suing her for her behavior - and her other option is to leave you alone until you leave on June 1st - she'll probably leave you alone.

I have zero tolerance for bullies. I'd be talking to her with a video camera in her face every time she showed up. "Hi, just want you to know I'm videotaping this. You realize there is no emergency and you did not give me proper notice to be here, right? And that I'll be charging you for the extra water you are using right? And that I can call the cops for you trespassing because you didn't give me proper notice, and I'm entitled to quiet enjoyment of the property, right? And hey, if you're right, you won't mind my showing this video recording in court, right?"

Yes, I would do that. You have rights here. So, exercise them.
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