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Old 10-25-2006, 08:01 AM   #1  
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Default Can Landlord show prospective tenants w/no notice to current tenant

I have no answer for this so I am asking for advice. My 19 year old daughter and her roomate paid through October 31. The roomate has moved out already and into her boyfriends place so that leaves my daughter there alone. My question is can the landlord legally bring prospective tenant in the place without giving my daughter notice. She works at night and sleeps during the day. I am also concerned that the prospective tenant would know she was there alone and come back later--I know mother's paranoia!!
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Old 10-25-2006, 09:10 AM   #2  
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I think it depends on what state you live in. In GA, if the tenant has given notice, the landlord has the right to show the appt to prospective tenants and I don't think they have to give the tenant a heads-up. My bf is a leasing consultant, and there are so many laws that are ridiculous on the tenant's part. Makes me want to buy a house!!
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Old 10-25-2006, 11:30 AM   #3  
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I agree with Rosario, it will differ from state to state.

In Canada, however, a landlord is required to give their tenant notice before even entering the property. You are not allowed, by law, to enter without at least 24 hrs. notice.

I imagine you could bring up what we refer to as the "Landlord and Tennant Act" through your local government websites.
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Old 10-25-2006, 11:48 AM   #4  
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Well, the first thing she needs to do is read her lease! The answer really should be in there. My lease says the landlord has to give notice before coming in except in emergencies. It's fairly standard boilerplate, & probably what your daughter's lease says as well. I've honestly never come across a landlord who wanted to show me an occupied apartment, though!
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Old 10-25-2006, 11:53 AM   #5  
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Personally, I don't think I would WANT to see an apartment when the previous renters still live there. Ick. I'd want to see it as a clean slate on which I can make my own mess on.

I've lived in many apartments, but always in an apartment complex, not in a part of a house. A lot of times before moving in, I've wanted to check out an apartment I"ve leased before moving in adn they've told me I can't look in it yet because the previous owners are still there, but they've told me which apartment it is so I can at least see the windows from the outside and get a visual. This is just my experience...I don't know if it's actual laws or just the rules of the apartment complexes I was living in. Apartment complexes tend to be a little more professional than people that rent out apartments in houses...I stress, tend to be...
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Old 10-25-2006, 01:02 PM   #6  
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She does keep the house clean--she's almost obsessive with it actually--has always been, so it's not the messiness, but she doesn't want to wake up to find someone in her bedroom or come out of the shower and find someone on her couch waiting to see the bathroom. Her other fear is that Coco, her little six month old doberman/chihuahua mix puppy. The landlord had some plumbers in to fix a problem with the plumbing which had been going on since July 1 when they moved in and apparently the plumbers were going in and out of the door and "accidently" left the mother dog out or so the landlord says. It was a gift from her ex and she loved her "Snickers". She searched the neighborhood, posted flyers offering a reward, the dog has her cell # on it's tag and she called the shelters and rescues in the area and has had no luck. So she wants to make sure that the remaining puppy is either with someone or her when prospective tenants come through. The landlord is a jerk too. The roomate is the one that actually signed the lease and then decided that she wants to live with her boyfriend leaving my daughter out to dry. Since the landlord doesn't like fixings things and won't call my daughter back she thinks it's best to get out of there. The oil furnace has yet to be fixed and the oil tank is not hooked back in yet and we have had several nights in the 30's. It's a little bungalow that is really old--my hubby tried to talk her out of moving in with the roomate but she wouldn't listen. The landlord promised the roomate and later my daughter the world--he just doesn't deliever on his promises--he even tried to say that they should have to pay for the plumbers because there were feminine products flushed, but the toilet never flushed right and the whole toilet was replaced and then leaked and then finally they snaked the line. I could keep going with horror stories and they have only been there 4 months--he rents to a lot of college students and the lease gives a month to month option if they graduate, leave school or find that they can't afford it any longer which the girls are exercising. I think this guy needs to be reported somewhere because the neighbors said that he is this bad to every tenant and that he lies and is cheap.


It may all be a mute point as we are hoping to have her out by Sunday. If she doesn't get the one bedroom she wants then she is just coming home to stay awhile which I won't mind at all. She will keep looking because her and her Dad are going to drive each other nuts and she has been used to freedom and he will want to be "Dad" again with all the rules.
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Old 10-25-2006, 01:18 PM   #7  
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We had a horrible landlord at our last place. The place was filthy when we moved in, I had to clean it before I could put anything in the house, it looked like people used the carpet for toilet paper, there was a broken lock on the door, a beehive the size of a basketball in the backyard and among the crap i found in the house, food, a used band aid, toys in the back yard, pictures of the kids that used to live there... apparently the last person needed to leave in a hurry. In fact, later on I started to get to know her collectors pretty well and even met her repo man.
Anyway, this man would do nothing, he was the worst landlord we'd ever seen. We put in a complaint to the better business bureau, we looked up the owner of the property and sent them a letter (landlord was not the owner) and got the **** out of there as soon as we could.
Good luck to you, I definitely suggest you look up the owner, usually can do that at city hall and put in a complaint. There are also online places where people can rate places they've rented. The one I found is www.apartmentratings.com it might be worth it to save the next person from the pain of living there. It has been my experience that being young, and being female somehow they think that we are dumb or will just put up with their bs. Maybe she needs Dad to say something to him? Good luck!
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Old 10-25-2006, 01:27 PM   #8  
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I've never actually visited an apartment complex where they would let me see the actual apartment while it was still occupied. My current apartment was rented before even seeing it but DF saw a similar (but updated) apartment in a different complex owned by the management company. For all other apartments that I rented, the rental company would show only empty apartments and they may or may not be the same floorplan/style as the apartment I'd be renting but it was just to give the renter an idea.

My current apartment has a policy, which I'm sure is mandated by the state, that they will give 24 hour notice before entering the apartment.

My suggestion is have your daughter call up the landlord and ask them if they plan to show the apartment while she is still living there. If they do, ask to either be given notice or to only come in at certain times.
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Old 10-25-2006, 02:35 PM   #9  
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Quote:
Originally Posted by jules1216 View Post
She does keep the house clean--she's almost obsessive with it actually--has always been, so it's not the messiness, but she doesn't want to wake up to find someone in her bedroom or come out of the shower and find someone on her couch waiting to see the bathroom. Her other fear is that Coco, her little six month old doberman/chihuahua mix puppy. The landlord had some plumbers in to fix a problem with the plumbing which had been going on since July 1 when they moved in and apparently the plumbers were going in and out of the door and "accidently" left the mother dog out or so the landlord says. It was a gift from her ex and she loved her "Snickers". She searched the neighborhood, posted flyers offering a reward, the dog has her cell # on it's tag and she called the shelters and rescues in the area and has had no luck. So she wants to make sure that the remaining puppy is either with someone or her when prospective tenants come through. The landlord is a jerk too. The roomate is the one that actually signed the lease and then decided that she wants to live with her boyfriend leaving my daughter out to dry. Since the landlord doesn't like fixings things and won't call my daughter back she thinks it's best to get out of there. The oil furnace has yet to be fixed and the oil tank is not hooked back in yet and we have had several nights in the 30's. It's a little bungalow that is really old--my hubby tried to talk her out of moving in with the roomate but she wouldn't listen. The landlord promised the roomate and later my daughter the world--he just doesn't deliever on his promises--he even tried to say that they should have to pay for the plumbers because there were feminine products flushed, but the toilet never flushed right and the whole toilet was replaced and then leaked and then finally they snaked the line. I could keep going with horror stories and they have only been there 4 months--he rents to a lot of college students and the lease gives a month to month option if they graduate, leave school or find that they can't afford it any longer which the girls are exercising. I think this guy needs to be reported somewhere because the neighbors said that he is this bad to every tenant and that he lies and is cheap.


It may all be a mute point as we are hoping to have her out by Sunday. If she doesn't get the one bedroom she wants then she is just coming home to stay awhile which I won't mind at all. She will keep looking because her and her Dad are going to drive each other nuts and she has been used to freedom and he will want to be "Dad" again with all the rules.
Your daughter and all those involved in this are not in a very good situation. You stated that the roommate is the one that actually signed the lease. Did the lease say anything about her right to sublet out any part of the house? What about the deposit and the walk through done at the beginning of the occupancy and again when everyone is moving out? This can become a very sticky situation if the landlord states something is not being left in the condition in which it was rented. Good luck hope all goes well.
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Old 10-25-2006, 11:41 PM   #10  
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Well, this thread just made me feel the need to vent. I moved and my fiance was still living there. He gave him 1 day of notice and said that if his stuff wasn't gone by the end of the day-his stuff would be by the roadside. (He told someone my fiance works with instead of coming to him directly). I went to help him (along with my fiance's father) move and his landlord stood right there while we were packing and fussing and cussing.
My fiance was NEVER late on rent and sometimes paid a month in advance. He even did yard work for him for free!
We had noticed him coming into the house while we were at work. I think bringing that to his attention made him mad. (Like it was HIS house and he could come and go as he pleased). We didn't have a lease, so I doubt there was anything we could do. ALSO, my fiance noticed $400 cash missing from his "emergency money stash" that was hidden. Of course, we didn't have proof of that, so he got away with it. What a jerk he was!! I just say, you get what you give! ...His day is coming, and the evil side of me hopes I live to see it.
Anyway, best of luck to your daughter!!! After finding out our ex-landlord had been coming into the house while I was at work. I was freaked out!! I mean, who knows what he was doing in there.. installing hidden cameras..etc.
If the landlord cannot respect his tennants-he's in the wrong business!
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Old 10-26-2006, 12:40 AM   #11  
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I know in our apartments, the manager has to get our permission to enter. I have never even been shown an apartment before without the previous tenants already being out and the apartment being cleaned first. This whole situation doesn't sound very good and I hope your DD gets out very soon!
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Old 10-26-2006, 03:07 AM   #12  
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I'm sure the rules are that he has to let them know. However, if it's just a little bungalow that he owns independently, he may not have that provision in the lease. I work nights too and had the unpleasant experience of waking up to hear a man walking around my apartment. It is a creepy feeling to wake from sleep with a stranger nearby, and I couldn't be happier to be in a house now where I don't have to worry about it. The guy was there to fix something, but I hadn't gotten any notice.
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Old 10-26-2006, 04:25 PM   #13  
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Quote:
Originally Posted by GoingGoal View Post
Your daughter and all those involved in this are not in a very good situation. You stated that the roommate is the one that actually signed the lease. Did the lease say anything about her right to sublet out any part of the house? What about the deposit and the walk through done at the beginning of the occupancy and again when everyone is moving out? This can become a very sticky situation if the landlord states something is not being left in the condition in which it was rented. Good luck hope all goes well.
Take pictures! I mean lots of pictures. This guy sounds like the type to blame all the disrepair on your daughter.

Also, have a witness with her on the final walk thru. I'd even hide a tape recorder in my pocket if need be. However, I live in Calif and taping without consent is illegal (at least on the phone).

Good luck.
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Old 10-26-2006, 06:02 PM   #14  
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Where I live, they have to have premission! We viewed the apt that we are in while the girls were still living there. But our landlord had premission from them!!
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Old 10-26-2006, 09:18 PM   #15  
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Quote:
Originally Posted by Rosario View Post
My bf is a leasing consultant, and there are so many laws that are ridiculous on the tenant's part. Makes me want to buy a house!!
We are. And believe me, there are just as many laws. LOL

Quote:
Originally Posted by GreatBigMonsterMomma View Post
Well, the first thing she needs to do is read her lease! The answer really should be in there. My lease says the landlord has to give notice before coming in except in emergencies. It's fairly standard boilerplate, & probably what your daughter's lease says as well. I've honestly never come across a landlord who wanted to show me an occupied apartment, though!
Everyone's different. I've rented for many years, in many places, in several states. Some have a clause and some don't. I know that one apt. I rented in NH had a clause that they could not enter without your permission except in cases of emergency. Another, in the same state, did not have a clause, but practiced the concept, as when they showed me an apartment, we were wanting to see one of the upcoming first floor units. Because it wasn't empty yet, they couldn't show it, but explained the minor difference in the layout. Where we are now, in another state, we have a 2 page month-to-month lease and it does not address this issue.
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