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Old 03-06-2012, 09:01 PM
 
2 posts, read 8,106 times
Reputation: 10

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NYC

My lease states this in regards to showing:

Entry by Landlord: Landlord or parties authorized by Landlord may enter the Unit at reasonable
hours to: repair, inspect, exterminate, install or work on systems and cause performance of other
work that Landlord decides is necessary. At reasonable hours Landlord may show the Unit to
possible buyers, lenders or tenants.
If Landlord enters the Unit, Landlord will try not to disturb
Tenant. Landlord may cause to be kept in the Unit all equipment necessary to make repairs or
alteration to the Unit or Building. Landlord is not responsible for disturbance or damage to Tenant
because of work being performed on or equipment kept in the Unit. Landlord's or the
Association's use of the Unit does not give Tenant a claim of eviction. Landlord or those
authorized by Landlord may enter the Unit to get to any part of the Building. Landlord has the
right at any time to permit the following people into the Unit: (i) receiver, trustee, assignee fbr
benefit of creditors; or (ii) sheriff, marshal or court officer, and (iii) any person from the fire,
police, building or sanitation departments or other state, city, or federal government and (iv) the
Association, Board of Managers and any other party permitted or authorized by the Declaration or
Management Agreement covering the Unit or Condominium. Landlord has no responsibility for
damage or loss as a result of those persons being in the Unit.



We have NOT denied access to the apartment by our landlord. The contract DOES NOT state that we must grant access for authorized parties to "show unit the to buyers, lenders or tenants". If the lease was worded "At reasonable hours Landlord or parties authorized by Landlord may show the Unit to
possible buyers, lenders or tenants
" Then I would say that we have to follow the lease....

Our landlord lives in another state and has never contacted us. Are we breaking the terms of our lease by not allowing the broker access to the apartment?

Please let me know your thoughts?
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Old 03-06-2012, 10:14 PM
 
Location: Brooklyn, NY
217 posts, read 680,820 times
Reputation: 82
I don't really care whether or not you're breaking the law. If you're not renewing your lease, and the broker asks for permission to show the apartment with a reasonable amount of notice, then I think you should let people view the apartment. I do think it's reasonable to say no, if the broker just shows up without warning.

Trying to parse the lease and figure out whether or not you're legally required is silly. Apartment hunting in this city sucks enough, don't make it worse for people trying to find a place to live by being a jerk.
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Old 03-06-2012, 11:21 PM
 
Location: NYPD"s 30th Precinct
2,565 posts, read 5,511,840 times
Reputation: 2691
I believe a reasonable person would assume "Landlord" to implicitly include their authorized agents.
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Old 03-07-2012, 07:51 AM
 
Location: Brooklyn New York
18,462 posts, read 31,617,011 times
Reputation: 28001
I think the LL should show the apartment after you move.

Our LL lets the tenants move, repainted and fixes up if needed then rents it out. Apartments are usually rented within the next month.

I would not let any stranger in my apartment, I don't care what the rule it, it is not convenient for me, and no, your not bringing strangers into my home.
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Old 03-07-2012, 08:00 AM
 
Location: Beautiful Rhode Island
9,283 posts, read 14,890,077 times
Reputation: 10339
Yes, you are breaking the terms of your lease by not allowing the landlord or his assignee to show your apt. Most leases do specify notice to be given however- usually 24 hrs. If that was going to be an issue with you, you should have brought it up when you carefully read and signed the lease.
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Old 03-07-2012, 08:11 AM
 
Location: Brooklyn New York
18,462 posts, read 31,617,011 times
Reputation: 28001
just don't answer the phone, what are they going to do, arrest you?
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Old 03-07-2012, 08:48 AM
 
8,743 posts, read 18,370,266 times
Reputation: 4168
Nightcrawler, the lease stipulates, and besides, why can't you be reasonable? The Landlord or his agent can show the space with you there, at your convenience, for just a few minutes. Why be a douche about it?

Geez..this is why I pick and choose my tenants so carefully...you don't want to get stuck with a nightcrawler type.
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Old 03-07-2012, 01:58 PM
 
Location: NYPD"s 30th Precinct
2,565 posts, read 5,511,840 times
Reputation: 2691
Quote:
Originally Posted by nightcrawler View Post
I think the LL should show the apartment after you move.

Our LL lets the tenants move, repainted and fixes up if needed then rents it out. Apartments are usually rented within the next month.

I would not let any stranger in my apartment, I don't care what the rule it, it is not convenient for me, and no, your not bringing strangers into my home.
Every lease I've had states that once I give notice that I'm moving out or not renewing my lease, the LL can start showing it to prospective tenants at a reasonable time, with usually 24 hours notice.

If they're going to gut renovate it once I leave, then that's one thing, but none of the units I've moved out of have needed any real work beyond maybe a coat of fresh pain.
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Old 03-07-2012, 03:55 PM
 
Location: North NJ by way of Brooklyn, NY
2,628 posts, read 4,608,769 times
Reputation: 3559
When I moved in November, I allowed my landlord to bring in prospective tenants in whether I was home or not. It was stipulated as part of my lease, and I had no issue with it.

Allowing this process just makes it easier for your landlord. The faster they can get someone in, the less likely they will have to go without that income they might depend on.

Also what will sometimes happen is they will take the deposit from the new incoming tenant, which in turn goes back to you when you leave.

Let them in, it's not that big of a deal if you're leaving anyway.
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Old 03-07-2012, 03:58 PM
 
3,357 posts, read 4,629,510 times
Reputation: 1897
I think it's wierd to show the apartment with the tenants still there. We have 1 rental and always wait until tenants move out before showing it. However, if it's in your lease and you signed it, then it's your responsibility to show the place given reasonable notice. If we were selling the building, I'd definately want to show the apartment with tenants.
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