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| *The Commerce Journal>>>Renting & Real Estate |
Problem with landlords? |
I'm currently renting a small apartment with my fiancee. We've been there 10 months and have not had a good experience with the management company that owns the property, plus they've raised the rent 15% during that year, so we're about to give them the 60 days notice they require ffrom residents who plan to move. On the paperwork there's an item that states that once we give them notice they may enter our apartment at any time to inspect the premises. I'm pretty pissed about this as I don't really like the idea of having a complete stranger in our apartment whenever they feel like it. Any ideas on how to handle the situation and communicate to management that I'm 100% not ok with them entering without at least 24 hours notice? Is there any legal action I can take if they do? I didn't sign anything to that effect in the lease. It's a part of the paperwork they require I sign to give them 60 days notice that I'm out. I have to give them notice or they'll charge me for a load of crap but I don't want to sign anything that states they can come and go as they please IN MY HOME! Yeah, they own the property but I pay my rent every month and so while I'm there it's my home and they should respect that fact at least a little. Some of the folks are wrong in saying that if you signed an agreement giving away your right to private quiet enjoyment of your domecile you have no recourse. I am a landlord and just because I put something in a Lease or rental agreement doesn't mean it can be enforced or upheld in a court of law. If you signed a written lease agreeing to that condition, there is probably nothing legally you can do. If it states, in the lease you signed, that once you've given them notice they can come in and inspect the place...what's the problem? It's their property, they can do it if they've legally given you the notice. They don't HAVE TO give you a 24-hour notice if it's already been stated on something you've signed in the past. I am not sure where you live, but most cities have a Landlord/Tennant Act, where it will state whether the landlord actually has a right to do that. Usually here it is still at least 24 hours notice, since that is still your personal residence until your lease is up. I would definitely investigate that, just because the landlord put that in the property agreement, it might not actually be legal. All contracts are negotiable. The line can be legally crossed out and initialled by both parties and thus the contract can exist without that line. That line can also read that they need to give you reasonable notice when they are going to enter your apartment so that you may be present when an inspection takes place. From my experiences from renting the last 4 years...according to the lease is the lease. But I know here where I live it says that but every time they decide to come in they usually warn us a week ahead of time by sending out a flyer. Anyway..I would ask a lawyer about this and see if there is anything you can do. I don't know what State you are in but in CA they MUST give you a 24HR notice and it still does not mean that you have to consent. In fact, you can let them verbally (or even better in writing), that it is NOT ok to enter your unit while you are not there. They would then have to get a court order everytime they want to show your apartment. There isn't any legal action you can take, but if you move out before you give your 60 day notice, they wont have anything of yours to look through. Provided you have the money to move out before then, it sounds like the best course of action at this point. Once notice (24 hr) is given that they will be entering the apt for inspection and to show potential tenant the apt, you have 2 options. Either be there or not. You cannot refuse to let them in. You would be impedeing them from getting another tenant, in other words, stopping their business. If you have to give 60 day notice, then give it. However, the "stranger" is not left alone in your apt. The tenant and/or a friend of yours can be present at the time so that it above board. Sorry. You may pay to live there, but you are moving and they have the right to get it rented as soon as possible. Especially if you are on a lease. Leases are suppose to be drawn up, according to state/local law. I have never heard of a landlord being able to enter when ever they want, anywhere/any state.....you should be able to stop this, by double checking in your state, then tell him he cant do it.....reguardless of what was signed... I am thinking that the lease must say something about this. How do you know that you must give 60 days notice? It must be listed in the lease somewhere. In that area there may be something about allowing showings of the apartment. In most cases they have to give you 24 hours notice, but check the lease you signed. Good Luck i always give a 24hr notice. If you ask your landlord for a notice, they are more than likely going to agree if you are nice about it. I wouldn't be quick to tick them off or they might give you a bad reference. I call any and all references i can get about someone wanting to live in our homes. As soon as i hear that a tenant is hard to get along with, i pass them by. |
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