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knuttsboutu · Jul 2, 2012, 05:29 PM

Can a landlord put my apartment up for rent while I'm still occupying the apartment and we have an upcoming court case?

nibal · Jul 2, 2012, 05:45 PM

Your landlord cannot show your apartment without your Permission even with eviction notice call the police right away I know from experience.

excon · Jul 3, 2012, 04:49 AM

Hello k:

The above post is incorrect. The landlord CAN show your apartment, but, depending on what state you live in, he MUST give reasonable notice. Given the above, if you happen to be hosting a dinner party during that time, you CAN tell him NO. If he shows up WITHOUT notice, you don't have to let him in, and I wouldn't.

excon

ScottGem · Jul 3, 2012, 04:53 AM

As excon states correctly, all US states have laws allowing a LL to show an apartment or enter the apartment with reasonable notice, usually defined as 24 hours.

If this was not allowed then landlords could lose rental from vacant units.

However you mention an upcoming court case. What is that case about? It could have a bearing on the landlord's ability to show the apartment. Also where are you? Any question on law needs to include your general locale as laws vary by area.

Also the police will not intervene in a civil matter. So while the landlord does need your permission to enter (except in an emergency), if you refuse a reasonable appointment, it may not help your court case.

Fr_Chuck · Jul 3, 2012, 05:58 AM

I agree, this is a open forum, so a poster like the first is allowed to post even if not complete ( by saying where) or wrong, There are nations where I am sure they can't, And most likely nations where they can without any notice.

In the US, they may show it with proper notice, that is often 24 hours, but some leases may state a longer time in it

The only maybe is this court case, is it against the landlord ? And what is it, do you have a lease, are you being evicted ?

Also calling the police does not do any good, it is a civil matter and they will not get involved.

nibal · Jul 3, 2012, 11:29 AM

My sister had this problem with her landlord she called the police and they told the landlord he is not allowed to go in as long as the tenant doesn't want you in the apartment she also was being evicted and she had no lease this was in jersey.

ScottGem · Jul 3, 2012, 01:26 PM

As is so often the case, the police don't know the law. The law allows for entry with notice. So if the landlord gives proper and reasonable notice, they can't refuse entry. Probably your sister's landlord showed up without notice.