Landlord Showing Occupied Rental Home (lease, tenant, security deposit, house)

[donsabi]

I am at the end of a lease and gave notice I am moving. I am following the lease to the letter. In the lease the landlord specified the right to show the property with proper notice. Yesterday I was napping in my bedroom and I awoke to my dog's barking. I went to the door to find a woman who apparently opened the door and when the dog went after her managed to get it closed before the dog got her. She told me the rental agency had given her the key to my house and told her it was alright to go in if there was no car in the driveway. My car was in the driveway but she entered anyway. Regardless, she could have been seriously injured by my dog. I understand a landlord has the right to show a property but to hand a key to a perfect stranger and allow that stranger to snoop around a residence that still had the tenants belongings is just downright criminal. I would have no problem showing the property with proper notice and myself, or at the very least, the landlord present. Once again it shows how ours laws favor the landlord and even put the tenant at risk in this case. Handing a key to a stranger who might be a burglar, petty thief, pedophile, sexual deviate, or murderer is, or should be, criminally negligent. We need to push our politicians for landlord/tenant laws that provide protection for the tenant as well as the landlord. I suggest that when you are about to sign a lease that you insist the landlord or yourself must be present at a showing.

This type of treatment coupled with the fight of the security deposits is a large part of why tenants leave without notice, and use the security deposit as the last month's rent, or leave a rental in a dirty condition. Once I am moved I will report this landlord to the BBB and post my reviews on every website I can find.

I do have incoming video and will have outgoing video of the rental. I am prepared to got to court. It has almost gotten to the point that a person needs an attorney to rent.

[Babytarheelz]

That's not legal and you should take it up with them. There are laws already in place to protect the tenant and landlord, so no need to "push the politicians." Some people choose to ignorre the law. You can't help that. But it is not representative of the industry as a whole. As I've said before, it sounds like you've gotten the short end of the stick as far as landlords go. Definitely report them and follow through with any action you see fit. But it's not to the point that someone needs an attorney to rent. The vast majority of landlords act appropriately and within the law. Good luck.

[Lacerta]

Originally Posted by donsabi

I am at the end of a lease and gave notice I am moving. I am following the lease to the letter. In the lease the landlord specified the right to show the property with proper notice. Yesterday I was napping in my bedroom and I awoke to my dog's barking. I went to the door to find a woman who apparently opened the door and when the dog went after her managed to get it closed before the dog got her. She told me the rental agency had given her the key to my house and told her it was alright to go in if there was no car in the driveway. My car was in the driveway but she entered anyway. Regardless, she could have been seriously injured by my dog. I understand a landlord has the right to show a property but to hand a key to a perfect stranger and allow that stranger to snoop around a residence that still had the tenants belongings is just downright criminal. I would have no problem showing the property with proper notice and myself, or at the very least, the landlord present. Once again it shows how ours laws favor the landlord and even put the tenant at risk in this case. Handing a key to a stranger who might be a burglar, petty thief, pedophile, sexual deviate, or murderer is, or should be, criminally negligent. We need to push our politicians for landlord/tenant laws that provide protection for the tenant as well as the landlord. I suggest that when you are about to sign a lease that you insist the landlord or yourself must be present at a showing.

This type of treatment coupled with the fight of the security deposits is a large part of why tenants leave without notice, and use the security deposit as the last month's rent, or leave a rental in a dirty condition. Once I am moved I will report this landlord to the BBB and post my reviews on every website I can find.

I do have incoming video and will have outgoing video of the rental. I am prepared to got to court. It has almost gotten to the point that a person needs an attorney to rent.

I completely and totally agree that this was totally inappropriate for the landlord to do. Yes, you have to cooperate with showings if you agreed to it in the lease and have given notice to move. But they are called "showings", as in, the landlord shows the property to the prospective tenant...as in, they have to be there.

I wouldn't give a key to a prospective tenant and turn them loose even if the place was vacant. To tell some random person they can go in as long as you aren't home is ludicrous, and you're right, it should be criminal.

However, I don't agree with the second paragraph of your post. People do those things because they 1) Don't have the rent, 2) Are inconsiderate and/or lazy and 3) They know that it is expensive and time consuming for a landlord to go after them, and nearly impossible to collect. You can't get water from a stone.

There is no justification for leaving without giving notice, using deposit for rent, or not cleaning. Excuses yes, but no justification. The people who do those things would do them whether or not they had a bad experience with the landlord, they do them to each landlord, even the good ones. The ones who don't do those things wouldn't do them regardless.

[k101608]

Originally Posted by Babytarheelz

That's not legal and you should take it up with them. There are laws already in place to protect the tenant and landlord, so no need to "push the politicians." Some people choose to ignorre the law. You can't help that. But it is not representative of the industry as a whole. As I've said before, it sounds like you've gotten the short end of the stick as far as landlords go. Definitely report them and follow through with any action you see fit. But it's not to the point that someone needs an attorney to rent. The vast majority of landlords act appropriately and within the law. Good luck.

Completely agree...

Make sure you read up on your local Tenant/Lordload Laws most of them actually protect the Tenant. I have found that there are some landlords out there that don't know the laws themselves and think they are allowed to do anything they want just because they own the place. WRONG!! Then there are also landlords hopping you don't know the laws so they can get over on you. That's why you should always read your local laws before renting.

What happend to you is illegal and I would bring it up to the lordlord and tell him/her that you are expecting that it doesn't happend again.

[ESFP]

I've purchased many occupied rentals, but the tenant must have received written notice of the showing 24 hours prior. There may be a reason the tenant can't make the place presentable in that 24 hours, and thus the notice will help the owner reschedule the showing. An angry tenant can loose a lot of potential buyers or the seller if he wants to. It's best to make sure there are good relationships between landlord-tenant at this point.

[bentlebee]

This is not the way the LL should have done it and I would put your concern in writing and tell him you will show the property but the LL has to be there and with 24 hrs notice.

[Sudcaro]

I can't believe what I'm reading! What is that landlord thinking? Has he heard about privacy?
As you said he lady could have been a thief or have a thief friend coming to your place, and take anything in it, even hurt you since you were there. Very easy: they had the key!
And what was that lady thinking anyway? I would have never accepted to visit a place without the landlord!
It's crazy!

[BigDGeek]

Wow, if that realtor had come into my home, she might find herself staring down the barrel of a gun; a gun I would immediately holster once I realized she was just a realtor and not a bad guy, but still! You don't sneak up on a single gal in Texas, lots of us are armed!

[Ultrarunner]

At the least, you can file a formal complaint against the agent with the Department of Real Estate and that way you will have established a pattern should it happen again...

There might also be monetary damages available if the entry was willful...

[VegasGrace]

I would have called 911 and pressed charges....let the lady take it up with the landlord!

That will teach 'em - both in this case.