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Thank you for the replies. I will definitely approach this again with the landlord. I'm on month to month now, since the expiration of the lease, and I've decided this is a deal breaker for me. I'm nervous all the time about it, and I can't relax. I don't want a fee or a rent reduction. I just want it to stop.
I don't think I can stand to make it messy or change the decor to something offensive. I'm pretty sure that would just make me more anxious, and I do have a professional reputation to consider.
I'm going to point out that the clause was intended to facilitate renting the apartment upon my departure, as some have pointed out here, not for the purpose he is claiming. Would his behavior constitute a violation of quiet enjoyment even if he is giving notice (not much notice, but he calls to announce that he is about to show it) each time?
Please do, or at least ask her if it bothers her (during a conversation where you are not also requesting permission to show it). I think it is easier to say something bothers you in a general conversation than it is to deny a direct request.
That's exactly why I'm glad you pointed this out to me. I always ask first, but it's literally "knock knock" and she always says yes. She seems kind of flattered, actually, but I definitely should ask her on the side during a normal conversation so I can make double-trouble sure it's ok.
Thank you for the replies. I will definitely approach this again with the landlord. I'm on month to month now, since the expiration of the lease, and I've decided this is a deal breaker for me. I'm nervous all the time about it, and I can't relax. I don't want a fee or a rent reduction. I just want it to stop.
I'm going to point out that the clause was intended to facilitate renting the apartment upon my departure, as some have pointed out here, not for the purpose he is claiming. Would his behavior constitute a violation of quiet enjoyment even if he is giving notice (not much notice, but he calls to announce that he is about to show it) each time?
I guarantee if you state you can't continue renting unless you have a clause specifically in your contract stating that he is not to show your apt. unless you are vacating, he'll jump on it to keep a tenant. I know I would. Trying to rent empties in this market is tough.
Hopefully it's a situation where he doesn't realize it bothers you that much, but once you clearly point out that you won't renew or continue renting, that might be the fire under his arse that he needs to make some much needed changes.
It would be so much fun if you could arrange to be home one day when the LL is showing your place and, as he unlocks the door, come out of the bedroom all tousled and in your altogethers.
Yikes, I don't blame you for feeling uncomfortable about it. Maybe an alternative could be him showing pictures of your place to prospective tenants? At least that way they're not tromping through your place and you're still coming across as being helpful.
Since you've already asked nicely, I would put a giant swastika up on the wall directly opposite the door so it's the first thing you see the second you walk in. With a pentagram underneath it for good measure. Haha.
If you don't want to move, you can visit an attourney and for about $200 get a "threat letter" drawn up on legal paper that will warn him to stop his harrassing behaviour with scary-sounding hints at legal action. That'll probably put a stop to it, even if you don't intend to follow through with any sort of action.
But maybe the best thing to do is move out. Your LL sounds like a real tool.
Well, the issue seems to be resolved for now, albeit uncomfortably resolved.
I had another conversation with the landlord and insisted that the showings stop. He protested, then got mad when I insisted, so I told him I planned to speak to an attorney about his misuse of the lease clause and the violation of my privacy and that he would likely be receiving my written notice of moving. This made him madder and it got heated. He threatened to claim some of my personal property as fixtures if I moved. I told him I would speak to the attorney about that also. I'm probably going to start a new topic to ask about these threats.
Later that night, I received a phone call from his wife. They own and manage the properties together, but he is the one most often on the property. The wife apologized for his temper tantrum, claiming he was just having a rough day due to all the vacancies and because of some expensive repairs they've just found out are needed. She said he would be apologizing to me and the apartment showings will stop, and asked me to please not move. I told her that I would think about it.
He called yesterday and did apologize. I tried to be gracious, but the apology doesn't exactly undue the damage. He also asked if he could take photos of my place to show people. I think someone here also suggested that. I told him no. He is basically asking to show photos of my possessions to strangers and I am not comfortable with that. And really, why should he reap financial rewards from my work, my investment and my profession.
At this point, I really don't trust him not to take pictures when I am not home, and frankly, I don't trust him to keep his word about not showing my apartment. I wondered about asking him to sign something agreeing not to do either as a condition of staying.
I really don't want to move, have put a lot into making this place my home, but will he ever really get past feeling like I'm unreasonable by not wanting him to parade everyone through here? I also don't trust him not to try to keep my belongings when I do move.
I don't think that's legal. He can't just enter your apartment like that. He has to have your permission unless there is an emergency, (like a water leak from your apartment when you're not home).
I don't think that's legal. He can't just enter your apartment like that. He has to have your permission unless there is an emergency, (like a water leak from your apartment when you're not home).
Permission is a misnomer... the law in my State only requires reasonable advance notice...
"Permission" is only needed if the Landlord desires to enter other than as prescribed below...
The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry. However, advance written notice is not required under any of the following circumstances:
To respond to an emergency.
The tenant has moved out or has abandoned the rental unit.
The tenant is present and consents to the entry at the time of entry.
The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.
The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. The landlord or agent may:
Personally deliver the notice to the tenant;
or
Leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant's household);
or
Leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found;
or
Mail the notice to the tenant.
The law considers 24 hours' advance written notice to be reasonable in most situations.
If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations. The tenant can consent to shorter notice and to entry at times other than during normal business hours.
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