Do we have to let landlord show our apartment now?

amother

Mon, Jun 27 2011, 1:33 pm

We just gave our month's notice of moving and thus began a hectic, messy period. Our landlord just called to ask if they can let someone in to check out the apartment. On one hand, it is their place and they will have to rent it to someone else when we're gone, and I do try to be a good tenant... on the other hand I just want to say NO WAY! I've been spending lots of time getting the new place ready and between that and life, my apartment is a mess. I have my stuff everywhere. I really don't want to take time now to clean it up, and even if I do, wouldn't prospective renters want to open all the closets and stuff? Besides, I'm hardly ever home these days and that would mean either having to arrange to be there when they come or letting the landlord show them around when I'm not home. I'm REALLY NOT INTERESTED in having other people in my house when I'm not there.

We're talking about all frum, heimish people here so it's not like I don't trust them, it's just that I'm a more private person and not comfortable with this "invasion."

The landlord has called a couple of times already starting yesterday, I didn't talk to them but DH says they're "pushing" and want to know when they can come in already.

What's standard? When we were shown the apartment it had just been renovated so no one was living there yet. Is this normal to ask of your tenants? Are we potentially depriving our landlord of parnassah if we just don't feel like doing this? Do we have to? There is no rental contract about any of this, the whole rental arrangement was rather heimish.

Barbara

Mon, Jun 27 2011, 1:50 pm

This isn't legal advice.

You've already provided very short notice that you will be moving out. Most leases provide for at least 60 days notice, and you only gave a month.

If you had a lease, it would almost certainly require you to allow him to show the apartment with reasonable notice. In fact, I googled and found a NY Times dot com article stating that if the landlord wants to sell an apartment, he has the right to show it even 8 months before lease termination, and the tenant could be liable for damages if she refueses to allow entry.

http://www.rent-direct.com/blo.....ends/

See also http://www.thelpa.com/lpa/foru......html

Even without a lease, and even if its not legally required, its certainly the right thing to do.

Frankly, you're being selfish. If you don't allow him to show the apartment until after you move out, there will almost certainly be at least a month in which its not occupied. No one really cares about your messy closets or packing crates. They care about what will be left when you're gone.

amother

Mon, Jun 27 2011, 1:56 pm

Sigh, I guess that's what I was expecting to hear.

Regarding the "lease," our agreement from the outset was that we'd give a month's notice before leaving so that's kosher v'yosher. We'd been looking for a place for a while and let them know as soon as we found one.

I'm not talking about spotless, though. I'm talking about not wanting the whole world to see my dirty laundry. Literally. I guess what I'm most objecting to is the pushiness because I really don't have a problem straightening up and letting them see, but they called while we were away for the weekend and are really being pushy about it. I feel like, hello, I'm not home, you have to at least give me a couple hours to make the place presentable. When I get home from work today I'll get right to it, with one hand while my baby kvetches in the other. But please stop being so nudgy, we JUST gave notice and haven't had a chance.

Also, is it reasonable to tell them that I don't want people coming when I'm not home? Granted, I don't spend tons of time at home, but I'm VERY uncomfortable with strangers being around my stuff when I'm not there.

supermommy07

Mon, Jun 27 2011, 2:08 pm

We moved twice and both times when we went to see apartments/houses we felt like we were seriously invading on the pple still living there. The places we looked at were ALL huge messes! but we werent looking at that just trying to see the place and envision our own stuff in it. We understood that they were busy getting ready to move. It is perfectly standard for the landlord to want to show your place, from the minute you give notice. And as inconvienent as it is for you, you have to say yes! like another poster said you are being selfish. This is how its done and frankly you have no choice. The landlord also has every right to show it while you are not home. I have heard that landlords can show prospective renters an apartment anytime btw 8 am - 8 pm.

shoshina

Mon, Jun 27 2011, 2:11 pm

1. Is it reasonable to object to people coming in when you're not home: yes and no. The landlord owns the property, he is allowed to come in and inspect even when you're not home, so can the landlord come in while you're not home and show it, yes he can. Can he send other people into your apartment without his presence? No he can't. I know its awkward and uncomfortable, but he owns the place. You can require notice, however, and then arrange your time such that you can be home when the apartment is visited. Yes, its inconvenient for you, but it is to accommodate one of your preferences so that is how it should be.

2. As for pushiness. If you found out today that, a month from now, you would lose your job and someone said "Oh, I may be able to hire you" would you consider it pushy to follow up on that job lead just because you don't need a job for a whole month? Probably not. This is his source of income, he has a right to want to show it right away, and someone needs an apartment right away, they're not interested to hear "oh, you can look at the apartment when the current tenant feels up to it"

Good luck though, and congratulations on the new home!!!

Mama Bear

Mon, Jun 27 2011, 2:18 pm

OMG - OP - are you me????? I signed a lease on a new apt yesterday & told the landlord we'd be out iyh before aug 1. he already wants to show the apartment, and was upset we hadnt given him more notice.

Well, there was no way I could give him more notice; I only signed hte lease yesterday. how could I give him more notice?

however, I understand that he has to show the apartment. I asked him to please wait until tuesday after my weekly cleaning help comes so the house look spresentable. He was okay with that.

Why is your house *already* all messy.... youre already packing? I'm still trying to find a painter!!! all the good painters are booked in July, I dont knwo what to do...

I also have to get estimates from moving companies, find someone to put up a safety gate on the porch, get a floor person to come buff the floors... I'm not moving before 3 or 4 weeks. I'm not packing for another 2 weeks!

Good luck with this crazy time; I'm alrady going nuts! On top of making an upsherin iyh in 2 weeks, + my special needs son being home most of the time since it's between therapy sessions now. and the laundry and dinner wont do themselves. ahhhhh! I need extra strength migraine medicine.

shabbatiscoming

Mon, Jun 27 2011, 2:30 pm

Mama Bear wrote:

Mama Bear, everyone packs differently. We are moving in the beginning of august as well and we started last week. I just hare the rushed feeling, I would rather have a ton of boxes all ready than have to be packing until the last minute.

I showed our apartment to someone when I had just started to empty out everything everywhere for packing. The house looked like a bomb went off, but they are not renting our mess. They came to look at and measure the apartment. And this couple took it.

OP, I think you have no choice but to let the landlord show the apartment. They want to have a renter so they need to show it. Dont worry, people are not looking at the mess, they are looking at the space, trust me.

aidelmaidel

Mon, Jun 27 2011, 2:39 pm

I AM NOT A LAWYER, but...

The Laws in NY are that once you have given the landlord notice he has the right to show the apartment.

*BUT* and it's a big but he does have to give you prior notice. Your original lease should have stipulated what reasonable prior notice is. Most standard leases say 24 or 48 hours prior notice.

Quote:

RIGHT TO PRIVACY

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an emergency, such as a fire, the landlord may enter the apartment without the tenant’s consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. Additionally, a landlord may not interfere with the installation of cable television facilities. Public Service Law § 228.

http://tenant.net/Rights/index.html gives you a list of your rights.

Please check with a Rov on how you should handle questions from prospective tenants who come to see the apartment and ask you questions which might make the landlord look bad ie are there mice, roaches, does the landlord fix things, etc. We ran into that problem - the new people were asking about mice, and the place was overrun with them, it was a problem because we wanted to leave the landlord on good terms...

JAWSCIENCE

Mon, Jun 27 2011, 3:35 pm

You need to let the landlord show the apartment. This is someone else's parnossah and it is not fair not to. However the landlord must give you notice about when he will be showing the apartment.

He should be a mentsch and work out the best times for you, when you can be home. However it seems like you are saying there are zero times that are best for you or that you will be home. That is just not fair and very unreasonable. If you can't get your act together in time to put away the dirty laundry or if you are "never home" and cannot give him any sort of reasonable hours when he can show the apartment and you will be home, then you have to let him show it when you are not home provided he warns you so you don't leave cash lying around etc.

I too hate people seeing my mess, but in this situation you have to be fair. If you are never planning to clean until you move, then they have no choice. I too hate people being in my apartment when I am not there but in this situation, if you are never there, you are not giving them much of a choice.

Mamabear- it is totally reasonable to say 'wait till after my cleaning help comes'. In fact, the landlord is probably grateful because a clean place sells faster. That is not being unreasonable at all. It is giving a timet hat is better for you.

Hatzlacho to you both in the new apartments!

paprika

Mon, Jun 27 2011, 3:54 pm

shoshina wrote:

The above is legality or your opinion? As long as I pay rent, it's my apartment. I doubt my landlord could just walk in.

Barbara

Mon, Jun 27 2011, 4:05 pm

paprika wrote:

shoshina wrote:

The above is legality or your opinion? As long as I pay rent, it's my apartment. I doubt my landlord could just walk in.

Its generally governed by lease, and most leases do give rights to enter in relatively broad circumstances.

AIUI (NOT a legal opinion), a landlord can always enter, without notice, when conditions threaten life and safety.

And the landlord does have the right to enter to inspect and make repairs on reasonable notice.

In any case, most people really don't like being around when their apartment is being shown. Store valuables (jewelry, etc) elsewhere, with a parent or sibling. Then let the landlord show the place himself.

aidelmaidel

Mon, Jun 27 2011, 4:55 pm

farm wrote:

amother wrote:

There is no lease. It was all rather heimish.

Then you certainly have no rights!

It depends on what state you're in. In NYC you most definitely have rights. Month to month is called "tenancy at will" and it definitely gives you certain rights.

But as I quoted the law above, the landlord has the legal right to enter after having given reasonable notice, which usually constitutes 24 or 48 hours notice.

shoshina

Mon, Jun 27 2011, 5:01 pm

paprika wrote:

shoshina wrote:

The above is legality or your opinion? As long as I pay rent, it's my apartment. I doubt my landlord could just walk in.

The above is from my own lease. Landlord may enter premises without notice for health and safety and property issues (if I am at work and my pipes explode, yes he can just walk in and fix them when they flood my neighbors house) and give 24 hours notice for scheduled issues (I then have 24 hours to rearrange my schedule if I insist on being home)

So yes Paprika, even if you pay rent, he can just walk in, and its for his protection and everyone else in your building. I do know some landlords, particularly those who rent to students, who insist on a quarterly inspection because of the cleaning issues (one unit gets roaches, they'll ALL eventually get roaches) that impact the value of the building (no one wants to live somewhere with roaches).