Can my landlord enter my apartment without contacting me beforehand?
A couple of weeks ago, I signed a form stating that I would not be re-leasing my apartment (I live near a university so they try to get an early start on showing apartments for the upcoming school year). Since then, the realtors that I rent from have been entering my apartment on an almost daily basis to show it to prospective renters. I know this only because they have been calling my PARENTS (I gave them my parents’ number as an "emergency contact"). They have my number but they still give me NO notice.
On Wednesday I was walking up to my apartment and saw my dog sitting on the stairs – he had been let out by the realtors, and this p*ssed me off, so I went into the realty office and asked them to PLEASE, PLEASE start calling me first. He told me that during showing time, they could enter at any reasonable time of day without having confirmed it was okay with me. So I showed him in the lease where it said I needed to be notified *24* hours in advance. He said, "oh, well that doesn’t apply right now." That was yesterday. Today they called my parents while they were at work about 30 minutes before they planned to show my apartment and I found out just now that they showed it THREE times today while I was not there.
Who is in the right here? I don’t know what else to do – I’ve told the realtors they were violating the terms of the lease and they said they weren’t. I’ve given them my number over and over. I just don’t know what else to do and feel their actions are bordering on harassment. Thanks in advance
rickinnocal – the first bit was totally unnecessary and condescending, but anyway, I live in Texas.
Your in the right. The lease says it very clearly. The lease is still in effect.
1) Talk to someone in the realitors office who’s hire up the chain of command. Their argument that the lease doesn’t count is just silly.
2) File a law suite in small claims court, or renters court. The idea here is that a law suite will get their attention.
3) File a restraining order. A simple restraining order that they can’t go into your apartment.
4) Stop by the realtor and tell them you set a trap (don’t really set a trap).
5) Put something in the apartment that will scare them. Like hang a dead rat from the ceiling. Oh, I like this one. But I’m a passive aggressive jerk, so you may not want to do this one. But…. Hang a dead rat from the ceiling, where everyone can see it. They’ll open the door to show a client, and then "surprise". When they get pissed off, you say "well, I’ll tell what. If you call before you come over, then I’ll remove the rat" Or leave dead animals, or dead bugs. Or, I guess it doesn’t have to be anything creepy. Just leave a big huge disgusting mess.
Addition. I just thought of this. Leave a mess in the kitchen, just a small mess. But make it look like you where eating something completely disgusting.
December 30th, 2011 at 6:01 am
They should have to honor the terms of the lease. One thing you could do is have the locks changed.
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December 30th, 2011 at 6:37 am
I think legally they are supposed to give you a notice but they know they are a big corporation and you are just a poor student that can do nothing about it. You should start trying to be at your apartment when they show it and tell the prospective tenants how poorly they are treating you and that they walk all over you.
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December 30th, 2011 at 7:20 am
Unless otherwise specified in your lease agreement, the "24-hour" rule applies for the entirety of your lease. Therefore, they are in violation of the terms of the lease, in addition to invading your privacy. Tell your landlord that you insist upon the lease terms being honored. Otherwise, they may be subject to legal action.
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December 30th, 2011 at 8:04 am
Most colleges teach their students that the USA is a *Federal* country, and that, therefore, the law is different in every State.
I very much doubt that it is legal for the realtor to enter your apartment without giving YOU notice – but without knowing your State, that’s pretty much a guess.
Richard
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December 30th, 2011 at 8:10 am
It’s very VERY unprofessional for this realtor person to show your home off, particularly when they haven’t given you any notice. Remind these people that the rent is paid, and it’s still you’re house until leaving-day!
You are right to bring the "24 hrs notice" to his attention – if he continues to ignore this, you could claim breach of contract. Also, if he persistently breaks your trust by contacting your parents – complain to his boss in no uncertain terms.
Unfortunately, your claim of harrassment isn’t gonna stick. But I think the fact that we’re coming up to a very quiet time for realtors – people don’t tend to move at Christmas or New Year is the reason behind why he’s willing to step so hard on your toes. In a while you’ll be gone – and he’ll have a fat commission (…just in time for Crimbo! YAY!!!)
Who owns your apartment? Spell it out for them – you’re a young lady and you expect any landlord to treat their tenant (that’s you!) professionally, respectfully and legally. There must be some form of arbitration to settle this – as you say, you feel unsettled, intimidated and wary – and it’s affecting your studies and life very negatively.
Of course – they do have a right to show your home – but YOU have to be part of the negotiation. There are laws to protect you – go and find your local version of the Citizen’s Rights Bureau (an organisation we have here in the UK to inform consumers and renters about their rights).
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December 30th, 2011 at 8:31 am
In every lease I’ve ever signed the "24 hour rule" is not in effect once you’ve given notice that you’re moving out. In my leases, the leasing agent can legally enter the apartment with no notice from 9-5 every day of the week during that last month.
I have not read your lease, so I do not know what it says. I do not know what your state/city/municipality laws say about this. I do know that in my city, with my lease, this would be completely legal.
I would recommend visiting the office in person to talk this over. You might be able to solve the phone thing by making sure they change it in the computer – it seems pretty likely to me they’re calling the wrong number because they have it wrong in the computer, not because they’re intentionally trying to annoy you. If you act like an adult in this matter, you’re more likely to be treated respectfully by the adults you’re negotiating with.
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December 30th, 2011 at 8:40 am
Your in the right. The lease says it very clearly. The lease is still in effect.
1) Talk to someone in the realitors office who’s hire up the chain of command. Their argument that the lease doesn’t count is just silly.
2) File a law suite in small claims court, or renters court. The idea here is that a law suite will get their attention.
3) File a restraining order. A simple restraining order that they can’t go into your apartment.
4) Stop by the realtor and tell them you set a trap (don’t really set a trap).
5) Put something in the apartment that will scare them. Like hang a dead rat from the ceiling. Oh, I like this one. But I’m a passive aggressive jerk, so you may not want to do this one. But…. Hang a dead rat from the ceiling, where everyone can see it. They’ll open the door to show a client, and then "surprise". When they get pissed off, you say "well, I’ll tell what. If you call before you come over, then I’ll remove the rat" Or leave dead animals, or dead bugs. Or, I guess it doesn’t have to be anything creepy. Just leave a big huge disgusting mess.
Addition. I just thought of this. Leave a mess in the kitchen, just a small mess. But make it look like you where eating something completely disgusting.
References :