Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
It does not specify in the lease that he can show it specifically but a reasonable person can expect that he would enter (or someone he elects) for maintenance, showings, etc. Certainly just by asking I wouldn't expect this right to go away. However in the final month of August, I would like him to waive his right of entry for purposes of showing it, but his elective choice and our agreement as entered on the addendum. Certainly an added clause that he agrees to would supersede anything presumed, just as state law allows any individual right be separated from the bundle of rights upon agreement- right of possession, the right of control, the right of exclusion, the right of enjoyment and the right of disposition. You could assign specific access, land/mineral rights, etc. So a one month (or even 3 week exclusion) to support our right of enjoyment/possession doesn't sound out of the question. I also agree we would likely lose in court, especially since there was a negotiation and $2050 is not close enough to $2800 to be a reasonable reduction. However the fact that there is always uncertainty in anything (the difference between 95% certain and 100% certainty is worth a lot of money) so there's value in that from a negotiation standpoint.
You can ask. I doubt he would agree. He's not required to.
I tend to want the tenants out and the property renovated before I show a rental. Because ultimately it's a pita to bother people. It's uncomfortable for everyone. Ultimately if a prospective tenant demands to see it and they have all the passing requirements I'll show it regardless if it's empty or occupied.
Do you really want to chance going to court? You know that no sane person would ever agree to such drastic terms. You also know that it was a mistake. But feel free to chance it. If I were the judge I wouldn't buy that rent change as anything more than a mistake
You can ask. I doubt he would agree. He's not required to.
I tend to want the tenants out and the property renovated before I show a rental. Because ultimately it's a pita to bother people. It's uncomfortable for everyone. Ultimately if a prospective tenant demands to see it and they have all the passing requirements I'll show it regardless if it's empty or occupied.
Do you really want to chance going to court? You know that no sane person would ever agree to such drastic terms. You also know that it was a mistake. But feel free to chance it. If I were the judge I wouldn't buy that rent change as anything more than a mistake
No we absolutely do not want to go to court, just being removed from our primary business would be cost enough. We fully realized the mistake as soon as it was written, and anticipated paying the $2,850 whether he noticed it or not. However having our final month be undisturbed is something that appeals to us greatly. We saw him show a unit nearby us (he allowed us to tag along on the showing), and he walked into the bedroom to a couple that was in bed sleeping. It was awkward and very uncomfortable for everyone. Our place is very well taken care of with stylish balcony furniture and well decorated. I already know he's licking his chops with a high asking price and lots of prospective tenants with how crazy the housing market is in Los Angeles. However if we could even reduce this to Thurs/Sat of the final week in August that would be a massive win and would be worth negotiating for. The disruption to our personal life and business is just not worth the headache of this landlord and his elaborate tours of 15 people every other day during the final month.
However having our final month be undisturbed is something that appeals to us greatly. if we could even reduce this to Thurs/Sat of the final week in August that would be a massive win and would be worth negotiating for. The disruption to our personal life and business is just not worth the headache of this landlord and his elaborate tours of 15 people every other day during the final month.
Here's what the CA Civil Code says about the landlord's right of entry:
His right of entry for the purpose of showing prospective tenants is rather broad with proper notice but he cannot abuse the right.
There's a fine line there and if you want to challenge his right when he abuses it, you'll end up in court attempting to get an injunction. Inconvenience to your or your business is not abuse.
If you think you can negotiate something limiting his right of entry, get it in writing and make sure that there are monetary penalties for not complying with the agreement, otherwise it's meaningless. And be specific, never use the word "reasonable."
residential 3br/3bath townhouse. Front unit, two floors, two enclosed balconies. Its the easiest unit for him to rent and commands the highest price in the market. He has 0% vacancy for past 10 years and wants to keep it that way.
His right of entry for the purpose of showing prospective tenants is rather broad with proper notice but he cannot abuse the right.
There's a fine line there and if you want to challenge his right when he abuses it, you'll end up in court attempting to get an injunction. Inconvenience to your or your business is not abuse.
If you think you can negotiate something limiting his right of entry, get it in writing and make sure that there are monetary penalties for not complying with the agreement, otherwise it's meaningless. And be specific, never use the word "reasonable."
I'm fine with all that, he's mostly followed the rules. He does at times toe the line. They entered our unit without 24 hour notice so they could plug something into our balcony so they could do some work on something in the front walkway and today he didn't give 24 hour notice either claiming he really needed to see the faucet being repaired, then using the opportunity to look around and give the addendum. We've voluntarily waived our right to deny him entry on each occasion. I would love for him to waive his own right of entry for purposes of showing it just for that small period of time, upon mutual contractual agreement.
Isn't breach of contract enough of a penalty? And wouldn't we be within our right to deny entry if he violated a mutually agreed upon waiver of entry rights for the selected 3 week (or however long) period? Is it within our right to dictate say a noon showing vs. a 9am or 10am showing (more inconvenient for us?)
No we absolutely do not want to go to court, just being removed from our primary business would be cost enough. We fully realized the mistake as soon as it was written, and anticipated paying the $2,850 whether he noticed it or not. However having our final month be undisturbed is something that appeals to us greatly. We saw him show a unit nearby us (he allowed us to tag along on the showing), and he walked into the bedroom to a couple that was in bed sleeping.
Yeah that's pretty much unheard of. As a LL I wouldn't do that. I'm going to call and tell my tenants when we would be there (say a window from 4-6pm)
It was awkward and very uncomfortable for everyone. Our place is very well taken care of with stylish balcony furniture and well decorated. I already know he's licking his chops with a high asking price and lots of prospective tenants with how crazy the housing market is in Los Angeles. However if we could even reduce this to Thurs/Sat of the final week in August that would be a massive win and would be worth negotiating for. The disruption to our personal life and business is just not worth the headache of this landlord and his elaborate tours of 15 people every other day during the final month
I completely understand your concerns and truthfully I sympathize with you. I go out of my way not to bother my tenants. I usually do a check a few weeks after move in just to see how they are doing and then about 3 months I check one more time. If everything us smooth they don't hear from me unless there is a issue
.
Bold
I just don't see how you're going to be able to stop him. As long as he gives you proper notice you're pretty much stuck. However the entry has to be within reasonable hours
Sounds like you need to speak to a local real estate attorney not internet advice.
I left messages for a few offices and none got back to me. Landlord wanted a response within 2-3 days. Was hoping for some feedback to see if anyone had experience in this regard. But ultimately you are also correct, the professional attorney would have the most legal expertise in this regard.
I just don't see how you're going to be able to stop him. As long as he gives you proper notice you're pretty much stuck. However the entry has to be within reasonable hours
Thanks for the feedback. Under normal circumstances I would agree. However I'm sure if we wrote it into the contract, the contract would supersede his normal rights in the situation. You may waive rights and create circumstantial or conditional contracts for all things housing related, agree? Contracts were created to compel specific performance which is based on conditions that are agreed to by both parties.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
