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Old 12-17-2011, 01:56 PM
 
4 posts, read 7,888 times
Reputation: 10

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Hi,
I am moving out and the landlord wants to show the apartment to other prospective renters.

I asked to not do it Holidays and Sundays, but she told us that she has the right to enter with 48 hour notice regardless of the time or day (Christmas and New Year included...).

Is that true? I was reading that the State of California states something about normal business hour.

With two babies I don't want anyone roaming in my place (I'll be moving out in February) at 9pm!

Since this person is really difficult to deal with, any help me and exact references (law, commas...) would be really great.

Thank you.
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Old 12-17-2011, 02:01 PM
 
16,056 posts, read 20,681,313 times
Reputation: 26356
Quote:
Originally Posted by rentino View Post
Hi,
I am moving out and the landlord wants to show the apartment to other prospective renters.

I asked to not do it Holidays and Sundays, but she told us that she has the right to enter with 48 hour notice regardless of the time or day (Christmas and New Year included...).

Is that true? I was reading that the State of California states something about normal business hour.

With two babies I don't want anyone roaming in my place (I'll be moving out in February) at 9pm!

Since this person is really difficult to deal with, any help me and exact references (law, commas...) would be really great.

Thank you,
Ciro
If you have the landlord tenant rights in front you, adhere to them. You might write a note to her stating that you are happy to comply, w/ notice and during regular business daylight hours. Check w/ the rental association, or better business agencies in your location. Also, there are some other rental threads that have some good insights on here. Good luck
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Old 12-17-2011, 02:04 PM
 
4 posts, read 7,888 times
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Quote:
Originally Posted by JanND View Post
You might write a note to her stating that you are happy to comply, w/ notice and during regular business daylight hours.
that's what I did and she replied that she can enter whenever she wants, given the 48 hours notice (any time of the day, any day of the week, and she is planning for next weekend... Christmas!)
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Old 12-17-2011, 02:04 PM
 
16,056 posts, read 20,681,313 times
Reputation: 26356
Quote:
Originally Posted by JanND View Post
If you have the landlord tenant rights in front you, adhere to them. You might write a note to her stating that you are happy to comply, w/ notice and during regular business daylight hours. Check w/ the rental association, or better business agencies in your location. Also, there are some other rental threads that have some good insights on here. Good luck
www.ask.com/Renters+Rights+California
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Old 12-17-2011, 02:15 PM
 
4 posts, read 7,888 times
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Thanks Jan.

I found this:
Quote:
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

California Tenants - California Department of Consumer Affairs
hope it's enough.
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Old 12-17-2011, 05:03 PM
 
Location: SoCal
2,262 posts, read 6,532,534 times
Reputation: 954
Your landlord is sort of stupid to be this awful. I looked at places where the place was absolutely filthy and where one of the tenants was in the bedroom sleeping so we couldn't go in there. I did not rent these places. While she might have a legal right to be in there... there are all kinds of things you can do to make the place look and/or feel unrentable. Not that you SHOULD... but if SHE'S being unreasonable...

For example, if someone shows up at 9pm, you can say (in front of the prospective tenant) "I asked you to come during reasonable daylight hours. My children are asleep, so you can't go into their bedrooms."

This is true AND makes her seem like a hellish landlord to the prospective tenant. Which it sounds like she is.

Personally, I would say something to her (if she absolutely insists on showing up on Christmas and has some legal bla bla bla allowing her to do so) about how you're going to be there and will make it known, in front of the prospective tenant, how unhappy you are about her barging in on Christmas.

At my last place, my landlord was AWFUL! The heater broke down in the dead of winter (this was in Boston) several times, there were mice in the house, and the place was falling apart around us. Our landlord was totally unresponsive. AND, I was pregnant and later had my baby while living there (I didn't give birth in the house, heh). It was awful awful awful. A prospective PREGNANT tenant came to look at it and was taken in with how nice the place looked (BECAUSE OF US) and how big and inexpensive it was. We slipped a note to her that said "DON'T RENT THIS PLACE! CALL US!" with our number. She did and we talked her out of renting it.

My point being: Your landlord should stay on your good side if they want to re-rent the place.
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Old 12-17-2011, 09:19 PM
 
16,056 posts, read 20,681,313 times
Reputation: 26356
Quote:
Originally Posted by rentino View Post
Thanks Jan.

I found this:


hope it's enough.
In my opinion.....Send her your consent to show the apartment, with the statute in quotes w/ the reference, or even a copy of the complete state w/ that portion highlighted. If she breaks that code, you just refuse to answer the door or block her call. It sounds like this is the legal language and should be good enough. She is just being difficult, and really most folks will look at a place during the hours that the landlord says are available, so get this letter w/ this info to her asap, she doesn't have an excuse, and under the law it is not an excuse that you didn't know anyway. but, she can't fool you anymore w/ threats. And, if she is "that kind" make sure when you move take pictures, have a friend w/ you at walk thru, or even a tape recorder. She can't keep more than she can prove re: damages etc.

Last edited by JanND; 12-17-2011 at 09:20 PM.. Reason: sentence
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Old 12-18-2011, 07:56 AM
 
4 posts, read 7,888 times
Reputation: 10
Thanks for your advice/support guys!

Unfortunately she is that kind and even worse (apparently everyone knew it but us ).
We love beeing home with our children so our place is better now than before, but in my opinion she is after "easy" money and would try everything to take advantage of us. I have to say that this is the first time this happens to me, I have always left in very very good terms with the other landlords, I didn't know such a thing could really happen (probably I have an idealized version of the California or probably I have been just unlucky this time).

Quote:
have a friend w/ you at walk thru
will do. But seems like she wants to do it after we leave and alone. Is it my right to be present? And what about a first ispection ~10 days before we leave?
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Old 12-18-2011, 11:18 AM
 
1,176 posts, read 2,833,921 times
Reputation: 455
May not work with her, but you can say you know exactly what the rights are and as long as she complies with those (which she must do under the law), you'd be happy to keep to keep the place clean for prospective tenants and even to be out of the unit when she shows it when that is practical. Emphasize you want to be reasonable and cooperative.

The walk-through may be more problematic, but you'd have to do research on this and/or be willing to talk with a lawyer. I've rented out a house and a townhouse at different times, and the walk-through didn't usually occur with the tneants present (they weren't there). Obviously it reduces the potentail for disputes over what damages occurred if you both do the walk-through together and IF you agree, in writing, what the condition of the place was, but even an honest landlord might be reluctant to sign off right away, since damages can be discovered later. Obviously there are many court disputes over damages supposedly caused by tenants (and what constitutes reasonalbe wear and tear). Above posts gave some good ideas on sources of information. Have you talked with any past landlords, or anyone you know who is one, about how to best handle the situation? Not sure what government agency would be of any help.
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