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.
Our landlord is showing out apartment while it is still occupied since we have given him notice that we are moving out at the end of our lease. I've been friendly and accommodating since I want my security deposit back, including keeping it very clean (mopping and cleaning bathrooms, windowsills, etc) for showings. I also agreed to leave the premises while he shows it.
The problem is he just can't seem to rent it. He has already showed it on 12 separate days, usually to multiple renters, and for some reason he still asks to have more showings. Today I came home and he had sprayed horrible room spray in my apartment while I was gone, despite the fact that I mop with febreeze and I have allergies to many fragranced products. I've been sneezing like crazy since I got home. I just want everything to go smoothly between us for these last few weeks and move on, but I can't tolerate this smell and being put out on so many occasions (always after traditional work hours because that is what is convenient to him, ie 6-7 at night). Advice would be much appreciated!!
Our landlord is showing out apartment while it is still occupied since we have given him notice that we are moving out at the end of our lease.
How soon are you supposed to be leaving?
If you are at the end of the lease term the broad principle of
"quiet enjoyment" is suspended or modified for these showing type purposes.
In 99% of cases this showing is 100% allowed and most leases describe the right.
There may be some limits on the how and when... but that is about it.
You are most likely not required to leave the apartment. So don't. And you can certainly tell your LL not to spray anything. I would doubt he has that right.
How soon are you supposed to be leaving?
If you are at the end of the lease term the broad principle of
"quiet enjoyment" is suspended or modified for these showing type purposes.
In 99% of cases this showing is 100% allowed and most leases describe the right.
There may be some limits on the how and when... but that is about it.
I completely agree that he has the right to show the apartment, no matter how far in advance of our departure. It's much better for us if he rents it right away and doesn't lose any income. More incentive to return our security deposit promptly if he already has one from the new tenants.
I just wish he didn't have to show it to over 20 prospective tenants over 12 visits, ask us to leave for the duration of the appointments (30min-3hrs), and spray offensive products on our furniture. I would like to find a way to resolve this peacefully since I really DO want him to re-rent the apartment quickly.
Perhaps I will take the advice of the above poster and just stay during the appointments since the floral spray kicked up my allergies. I don't want to dissuade prospective tenants.. although it's true that my apartment is hard to rent. It's a VERY small 1br; too small for most couples and too expensive for most single people. *Sigh* I may just have to deal with the allergies.
If your that concern that the landlord will hold your security deposit hostage unless you bow to unreasonable demands, your talking about a landlord that probbaly will hold it even if you kiss their butt to high heaven. So what would you have to loosse by making them do everthing exactly as required by law? I mean your deposit is in jepordy no matter what if your fears are correct aboutt he landlord.
The landlord isn't violating your 'quite enjoyment'. He may not even be violating the law if he's giving you proper notice about the showings, but that's about it. Why do you leave? You don't have leave your home for a showing and tell him to stop spraying stuff into YOUR home.
Last edited by Kim in FL; 07-19-2012 at 05:27 AM..
Reason: too early and not enough coffee. :)
I completely agree that he has the right to show the apartment
That still doesn't mean it will actually be effective though.
Too far in advance and most prospects are unsure you'll actually leave (or on time)...
too close to leaving and the place won't show well being a mess from all the packing ad stacking.
Quote:
Perhaps I will take the advice of the above poster and just stay during the appointments since the floral spray kicked up my allergies.
At the very least insist on showings limited to regular hours and your being there
Quote:
Originally Posted by PacificFlights
If your that concern that the landlord will hold your security deposit hostage unless you bow to unreasonable demands, your talking about a landlord that probably will hold it even if you kiss their butt to high heaven. ... your deposit is in jeopordy no matter what if your fears are correct about the landlord.
And if you haven't started packing yet...
now is the time to start disrupting how attractive the place looks.
You seem to express this sort of attitude regularly.
Are you serious?
The responsible tenant who gives advance notice shouldn't have to bear the effect of a LL's
worry and anxiety over their poor financial planning that a unit might sit empty for a month
or so at turnover apparently represents to some.
Most responsible LL's will use vacant that time to do clean and updating work...
and appreciate having that unencumbered access to get the work done promptly.
Most LL's won't show an occupied apartment EVER.
Of those who will show an occupied... most LL's will do it rarely.
In all cases the LL has an obligation (and self interest) to do showings politely.
You're moving, he needs to rent the place. His own mortgage may depend on it. Suck it up.
Of course one could easily take the opposite stance. The LL decided to run a business. He has to deal with these things and he should suck it up.
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.
