Tenants' rights help?

[Jessica 0]

I gave written notice to the management company on Aug. 15, and I'll be officially out of my place on Sept. 15. All within the terms of my lease.

So today I get this message from the company that handles the leasing of my place (not the management company but some kind of subcontractor) from this bitchy woman who leased me the place in the first place. "Just wanted to give you a heads-up, I'll be showing your apartment starting immediately. I'll always knock first!"

UH. Can she do that? I'm still paying rent here! And my lease says NOTHING remotely implying that random people can waltz through here while I'm still paying (huge amounts of) rent, and my lease isn't even up yet! Hmph!

Someone help me! I'm inclined to call her up and say, "Sure, but I'm in the middle of moving, so the place is trashed, and I doubt anyone would want it if they saw it in this condition. Also I smeared blood all over the walls."

Skydiving is for cool people only

[nws01 0]

They can come in, however, they have to notify you 24 hours in advance. If you do not want them to come in you can tell them you do not want them too. However, this will just raise speculation with them and they will look over your apartment with a fine tooth comb looking for ways to make you pay for stuff (hole in carpet, cleaning of oven, refrigerator, etc.). This can end up costing a pretty penny. Either way they will take advantage of you. I would clean the apartment and let them in but ask for 24 hour notification and a representative from the apartment complex to be present in the apartment while they are showing it.

[sunshine 2]

Only one of my landlords has ever shown my apt before i moved out, in IL it is legal to do so. When i gave my 30 days notice, she told me she would start showing it immediately. I told her that was fine, but i worked at night and slept during the day. I told her to give me warning before she came in cause i sleep with a gun and i would feel bad if i accidentally shot her.

___________________________________________
meow

I get a Mike hug! I get a Mike hug!

[jfields 0]

Jessica,

I'm not an attorney, but my understanding is that they cannot do that. The landlord does have certain rights to enter the property for fire inspections, health inspections if neighbors are having issues, and serious issues like that. You should not have to put up with them coming into your place to show it, whether they knock or not. Read your lease carefully. If you have further questions, contact your local government. Most have some form of Tenant's Rights board or something.

I was in a situation somewhat like yours. I was renting from a private owner, who decided to sell the place. Their realtor said, "Oh, by the way, I'll be putting a lockbox with a key on your door, so other agents from our company can show the place." That and the whole "knock first" thing also. I told them that if they put a lockbox on the door, I'd take bolt cutters to it and remove it. I also informed them that to open that door without a warrant (or the actual owner of the property and just cause), they would have to sign MY legal release form, which I wrote up. It basically said that if they entered without my permission, they would be liable for any damages to my belongings, up to $1,000,000, with a clause waiving both court and arbitration privileges on their part. So basically, if they came in without my permission, they'd have to pay strictly on my word.

Then I verbally and informally told them that I was in the process of packing and moving, so the place was not in a condition to be shown. A day after my effective move-out date, they could do whatever the hell they pleased. It wasn't very long, and they finally saw the light and decided to wait.

Good luck, and don't give in.

[antimike 0]

Couple of Questions:
1. Are you terminating your lease early?
2. Is it an apt or house?

Get a copy of your states property code see what it says. In TX it has to be stated in your lease. I would ask your mgmt co. to give it to you in writing. You might want to be cooperative with them though it will help you get your deposit back

[Michele 1]

Jess -

A quick search turned up this link. There is a telephone number on the bottom...hope it helps! Also, I pm'd you...
http://www.oag.state.tx.us/consumer/brochure/tenant.html


Ciels and Pinks-
Michele

~Do Angels keep the dreams we seek
While our hearts lie bleeding?~

[CanuckInUSA 0]

Sleeping with a gun eh? Hmmm ... what does your bf think of that, or is he the gun. LOL ...

Try not to worry about the things you have no control over

[rhino 0]

Put new locks on the door.. That will stop them..

[PLFXpert 0]

Depend on your state laws. Here in Florida, it is perfectly legal. However, they must give notice.

[Jessica 0]

Quote

1. Are you terminating your lease early?
2. Is it an apt or house?

1. Nope
2. Apartment

Thanks guys. I'll make some calls when I get to work.

Skydiving is for cool people only

[chicagoskydiver 0]

I just recently broke a lease, so I'm very well versed on how this works in Illinois (did A LOT of research). I don't know how it works in Texas, but in Illinois you are still on the hook for paying rent until the end of the lease term or until a suitable replacement tenant is found. The landlord must make a good faith effort to find a replacement for you. That's where I got my landlord, I was able to prove he wasn't making a good faith effort. If I were you, I would research what the statutes are in Texas regarding this. I found most of my info on the internet. Also, I definitely wouldn't interfere with any of their efforts to rerent your apartment. If they don't get it rented for the next month after you leave, they will have lost rent, and they could say it was because you didn't cooperate in allowing them to show the apartment, and you could be held liable for damages. In any case, I would research the statutes or consult an attorney.

Hackey

[goose491 0]

It's legal almost everywhere but you need your 24 hour notice.

Don't get you knickers in a knot over it, just make sure the "I'm bringing some people today" calls turn into "I'd like to bring some poeple tomorow is that okay with you?" calls. Don't worry about people going through your stuff, the "bitchy" woman will be there the whole time and she just wants to make sure the place is not empty when you leave... she's not out to give you a hard time.

Cheers and good luck in your new place.

Nick

My Karma ran over my Dogma!!!

[WFFC 1]

Quote

UH. Can she do that? I'm still paying rent here! And my lease says NOTHING remotely implying that random people can waltz through here while I'm still paying (huge amounts of) rent, and my lease isn't even up yet! Hmph!

Yes she can, but different states have different laws and it must be written into the lease agreement. Since my fiancee and I are now landlords, I've learned a ton on the subject - Did you know in some leases it states that you must keep the place clean and tidy? Really. The lease we just signed states that upon notification of intent not to renew, Landlord may enter premises and place a For Rent sign in the window. Landlord may also show property with or without notice during normal business hours or after hours if approved by tenant.
If it clearly states so in the lease, then your are obligated to the contract you are signing. BTW, our lease agreement is 20 pages. Scary...
The other piece to the puzzle is that your rent pays the mortgage on the place where you currently live. By not having the ability to show the property, the income to pay for the property is lost, putting a financial burden on the landlord. Changing the locks to prevent a showing is a violation of any lease agreement that I have seen and could be very costly to the tenant if done.

Michael
Webmaster

Michael@Freefall.com

-----
~~~Michael

[Michele 1]

Quote

If they don't get it rented for the next month after you leave, they will have lost rent, and they could say it was because you didn't cooperate in allowing them to show the apartment, and you could be held liable for damages.

Actually, that is something I am dealing with right now, as an agent for the landlord. It applies only when the lease is terminated early, either by the landlord for non-payment (in the situation I am working on), or by the tenant for whatever reason they are breaking the lease. But it only applies (in CA, at least) if the lease is not kept to the agreed-upon date of the termination of the lease. I mean, you make an agreement to rent from February to February, and then leave, it just doesn't make any sense to hold someone responsible for a longer term then they originally agreed on.

Most leases are for an "x" period of time, and thereafter revert to a month-to-month agreement, generally with either party able to give a 30-day notice. If one is leaving at the end of a lease, the way to handle it is to notify the landlord 30 days in advance of the end of the lease, in writing.

So, as Jess is NOT terminating the lease early, then she is not responsible for any "downtime" of the unit. If she still had 3 months, say, on the lease, then yes, she is liable unless there are exigent circumstances warranting the termination of the lease - but only for the original term of the lease. OTOH, as my tenant is terminating early, she is responsible for any actual lost rent if I am unable to re-lease the place and replace the tenant. Of course, then there is the question of reasonable and normal measures, and what is good faith. Lots of landlords try to take advantage of the clause that says you're responsible to pay, but don't know the legal loops that come into play and the obligations that they have to re-lease the place.

Hackey, glad you were able to get the situation straightened out!

As to Jess's particular circumstances, I am not familiar with TX law. Actually, that should be said this way: I am only familiar with CA law.
Ciels and Pinks-
Michele

~Do Angels keep the dreams we seek
While our hearts lie bleeding?~

[chicagoskydiver 0]

I stand corrected. I thought she was actually breaking the lease, but after reading her post again I see she's not. In that case, she's pretty safe, although I still wouldn't interfere with any reasonable requests to show the apartment, especially since she may need a reference from them in the future. But this " I'll just knock first" is BS....they have to give her some notice.

This is how I got out of my lease. There is an organization called the "Illinois Tenant's Union". They send in "testers" - people going in posing as prospective tenants -to see if the landlord is making a good faith effort to rent out the apartment or not. My landlord did not show my apartment at all, which constitutes bad faith. They documented their visits (3 of them) and then we wrote a letter to the landlord telling him the situation and that it releases me from the terms of the lease. He didn't fight it at all. Hurray for the good guys!

Hackey

[JDBoston 0]

They should definitely give you more notice than a knock. If nothing else it's a courtesy to the person they're showing the place to, because what if they knock and you are in the middle of something and won't let them in? Then the broker or whoever looks like a real asshole and has to send the prospect on their way.

Either way, I personally think that as a renter you do have an ethical obligation to give the landlord some means of showing your place while you're living there. I've had that done with my previous places plenty of times and it usually takes about 5 minutes each time and is really not a big deal at all.

Leases and fine print aside, if you refuse to let this take place, you are basically screwing the landlord by making them eat the mortgage payment for at least a little while after you leave. Unless they've screwed you first in some way, that doesn't seem to me like the right way to do things.

Joe

[christoofar 0]

Quote

Only one of my landlords has ever shown my apt before i moved out, in IL it is legal to do so. When i gave my 30 days notice, she told me she would start showing it immediately. I told her that was fine, but i worked at night and slept during the day. I told her to give me warning before she came in cause i sleep with a gun and i would feel bad if i accidentally shot her.

OH YES! [^5's sunshine] That's the same one I used at the last complex I lived in. Texas has a right-to-carry law and I live in the part of the state that has the highest concentration of carriers.

Needless to say, I got a lot of pauses and "ugghs" on the other end of the line when I mentioned that I have a glock and a .357 and they better not let unsupervised children in my place or attempt to enter at night without knocking because I will shoot and ask questions later!

No one entered the apartment until *after* they made sure I left (for good!).

____________________________________________________________
I'm RICK JAMES! Fo shizzle.

[skydiverbrian 0]

Ya know, there's much less effort in making them NOT WANT to show the place than there is in fighting them. Just ask yourself "What would embarass me if I was selling this apartment to a new tenant?" Then do it. Dirty underwear on the coffee table, unflushed toilets, rotten milk on the kitchen table, condoms, etc.

You'd only have to do this for the first showing. There will be no more.

In a world full of people, only some want to fly... isn't that crazy! --Seal