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Does anyone know if it is legal for a landlord to show an apartment while it is still occupied. I have satisfied my lease and am moving in 30 days. She keeps giving my telephone number to people who are calling me wanting to view. I told her to stop so now she is going to just show the place whenever (I mean - if I am lying around relaxing strangers will be pacing through?)
Is this legal in LA CA?
Yes.
California law states that a landlord can enter a rental unit only for the following reasons:
* In an emergency.
* When the tenant has moved out or has abandoned the rental unit.
* To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.
* To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy (see Initial Inspection sidebar).
* If a court order permits the landlord to enter.87
* If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements.88
The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays).
The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. The landlord or agent may:
* Personally deliver the notice to the tenant; or
* Leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant's household); or
* Leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found; or
* Mail the notice to the tenant.89
The law considers 24 hours' advance written notice to be reasonable in most situations.
If your landlord violates these access rules, talk to the landlord about your concerns. If that is not successful in stopping the landlord’s misconduct, send the landlord a formal letter asking the landlord to strictly observe the access rules stated above. If the landlord continues to violate these rules, you can talk to an attorney or a legal aid organization, or file suit in small claims court to recover damages that you have suffered due to the landlord’s misconduct. If the landlord’s violation of these rules was significant and intentional, and the landlord’s purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation.93b
<source and more info>
So to follow this up, it appears they are even being nicer than they have to, having them call you to set up a time good for you, but basically the landlord merely needs to tell you one day ahead of time they are coming and they may just come in ( knocking first but if you are not home merely come in with their key)
Hello ATRITE:
>>>The law considers 24 hours' advance written notice to be reasonable in most situations.<<<
Given that notice must be provided, it is inferred that notice can be denied given "reasonable" situations. Therefore, if your landlord properly informs you, by any of the approved methods, of an inspection the following day, but you have plans to be naked in your apartment that day, I suggest that you absolutely CAN deny entrance to the landlord.
In my view, it ISN'T reasonable, however, for you to be naked in your apartment EVERY day. She does have a right to show it. You do have a right to your privacy. The idea of "notice" is so that both parties can be satisfied. It only works, however, if both parties are reasonable.
excon
Just because they are allowed to with 24 hr notice DOES NOT mean it is ethical or right. I went through this recently and I told the landlord that is fine but if you intend to show this home while I am still living in the property I will make sure it is a terrible experience for you and I will will make it difficult for you to sell the home to prospective buyers. I was able to negoatiate a reduction in my rent and scheduled open houses once every two weeks so my life was not disrupted. I feel for you as it is terrible to have to pay good rent and get to have you hohme and belongings on display for strangers.
Hello t:Quote:
Originally Posted by tifmc2
Yes it does.
excon
Can a lanlord inspect my matress during an annual inspection?
Ruthy
please don't add your new question to an old tread. Start your own.Quote:
Originally Posted by ruuuuuthy
Are you talking about a waterbed inspection according to the Calif. Law RickJ referenced 4 1/2 years ago?
It is really irritating because multipile visit in the apartment with 3 or 4 peoples.IF a landlord having many apartments if some one is coming they show all of them.
We are paying rent on that time also so it should be our right.There should be a regulations and limt.They showing all like peoples on the street also( not a potential or prospective client).
We should ask them to a entry fee for example 3% to 5% of the monthly rent on each visit.Should try to make this as a LAW.I don't know the steps to do that.But make some union and try this.That is one way we can limit this.Because it is such an irritating thing espicially if you living with family and kids.
Hello f:
It IS a law.. Read the thread you posted on, and you'll find out what to do.
excon
So, next time you sign a lease, insist that such a provision be included.Quote:
Originally Posted by febi
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