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.
A friend who is nearing the end of her lease suspects that her landlord is showing her apartment when she is out. I suggested she buy a security camera and record this event, but with her moving costs she doesn't want to spend the money unless it would do some good. What are the rights and recourse of a tenant be when a landlord violates the lease by showing a property without the tenants permission?
Thanks, Don
Before your friend worries too much she/he should just call the landlord and express that she is aware that the lease is about to come to an end but wanted to let the landlord know that she is interested in staying for another 12 months is the monthly increase is relatively low.
Being a landlord, I understand that more often than not people coming to the end of their lease term prefer to move in the middle of the night instead of clean their place. (it's crazy because they lose their deposit)
Anyway, If your friend pays on time and is relatively a no problem tenant, the landlord will be happy to know of their interest to stay. Since there will be less cost in preparing the apartment, advertising it etc. to get another tenant.
Just call...... the landlord is probably just as worried (PS most leases allow landlords into apts without the tenant's permission to show the property)
If this is a privacy issue I'd call the office and 'remind them' that advanced notice is required before entering and that should jar them a bit if they're doing the wrong thing.
This issue has been driving me nuts since I first started renting 5 yrs ago and I'm thinking about buying a wireless nannycam that records when motion is detected and hide the vcr in a locked file cabinet and maybe even use an invertor to power it by battery. I've seen these for like $100-$200.
I spend days at a time away from my apartment and it absolutely unglues me to think the owner, super, maintenence guys, etc may be going into the apartment and snooping at will just because they feel like it. Having people illegally entering one's home is like being raped as it's violating on so many levels.
Many leases specifically allow the landlord to show the property prior to the actual lease expiration date for the express purpose of securing a new lease contract. The lease may or may not name that situation, but may allow the landlord access to the leasehold for any legitimate business reason during normal business hours. Some leases require a 24 hour notice if the reason is not an emergency access situation.
It would certainly be courteous of the landlord to advise the tenant of the showings in advance, but it may not be required by the lease or the state's laws. The lease contract is important to this question, but it cannot overide local/state tenant's rights .... if they prohibit this activity by the landlord.
It is a real problem for renters and why I stopped renting years ago.
Almost any lease and most state laws allow the showing of a unit to perspective tenants, appraisers, insurance agents, buyers and contractors.
The only rule is that proper notice must be given... generally, the notice must be at least 24 hours in advance and the showing must be during normal business hours.
It would be totally inappropriate to insist on showing a unit without proper notice. Showing a unit without proper notice is a lease violation and is often sufficient grounds for lease termination.
The only exceptions are certain emergency situations to protect life or property and showing the unit to perspective tenant never meets the exception criteria.
I personally, avoid bringing "Strangers" into a unit without the resident present. It is just not worth the potential problems. Your suggestion of a Nanny Cam is a good one for those concerned.
I have good relationships with my tenants and I will on a rare occasion ask if I personally may enter to make a requested repair. The benefit for the resident is the repair can often be addressed immediately.
A very successful manager I knew would offer tenants a 200 last month rent credit if the tennent would agree to short notice showings.
Express your concerns to the management and go from there.
Yes in many states like mine the law says they need to give 24 hr notice UNLESS it's an emergency like a water pipe breaks and the apatment is flooding. So I'd 'remind' the landlord that you're expecting prior notice before entering because all else is ILLEGAL TRESPASSING. You can actually file charges against ANYONE who enters unlawfully and as far the law is concerned there's no difference between a cop who enters a private home or apt 'just because they felt like it' or your landlord doing it.
Set up that spycam if you have to and an alternative to that is buying a $20 battery operated alarm that goes on the door and activates when the magnetic sensor is broken. I bought mine at walgreens and it has a 4 digit keypad and code and used it to specifically keep the landlord out. I didn't give them the code but rather told them it they had to get in on an emergency to pull it off the door and pull the batteries out. That never happened but I was still worried about them somehow getting around it and snooping.
I am surprised at the number of people I've talked to who complain about landlords entering their premises unauthorized. However, even if it is on the lease, with 24 hours notice, it can still be a problem.
When I rented a house here four years ago the landlord's agent was authorized to enter with notice and show the place to prospective buyers or renters. After a few months the house went up for sale. Since I had cats in the house, and didn't want them frightened or let out a door carelessly let open, I had to be there when the agent came with prospective buyers. This meant I had to cancel a vacation. Then came the appraisers, insurance people, and others too numerous to count. After the house sold (to flippers, who put us through the same thing again right away) I realized a valuable book was missing. I don't think it was the buyers, but the agent was a book lover, and had noticed it. Now I'll never know if it was him or not.
This had been my first experience renting in 20 years. I am presently renting in another place, and it is really a miserable experience.
Before your friend worries too much she/he should just call the landlord and express that she is aware that the lease is about to come to an end but wanted to let the landlord know that she is interested in staying for another 12 months is the monthly increase is relatively low.
Being a landlord, I understand that more often than not people coming to the end of their lease term prefer to move in the middle of the night instead of clean their place. (it's crazy because they lose their deposit)
Anyway, If your friend pays on time and is relatively a no problem tenant, the landlord will be happy to know of their interest to stay. Since there will be less cost in preparing the apartment, advertising it etc. to get another tenant.
Just call...... the landlord is probably just as worried [ (PS most leases allow landlords into apts without the tenant's permission to show the property)]
Hope this help
No one has the right to enter anyones home without permission. Police need a warrant, landlord needs to give 12-24 hr notice of entry. The only way a landlord may enter unannounced is in case of emergency.
check the lease provisions about the last 60 or 30 days. Usually, provisions allow the LL to show the property to prospective renters. As a courtesy, the LL should at least call first. I always make appointments to show a potential renter an apartment, if the tenant is going to vacate.
You do not say if your friend wants to move or intends to move at the end of the lease. Does the LL want her to move? I do not see where your friend has called and talked to the LL. That is the first step. You must give the LL verbal warning and get confirmation that the LL is entering the apartment. Talking first is always the best policy. Go from there and then determine actions needed.
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.
Don't worry YET
Police need a warrant, landlord needs to give 12-24 hr notice of entry. The only way a landlord may enter unannounced is in case of emergency.
