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-   -   Can Landlord show house before I move out? (https://www.askmehelpdesk.com/showthread.php?t=219267)

  • May 24, 2008, 06:20 AM
    tincrob
    Can Landlord show house before I move out?
    I have 7 days left in my house. I live in Ozark Mo. I have lived here for 8 months. The landlord keeps changing his mind on if he wants to sell the house or move into himself. I was told 1 week ago that they were going to add on to the house and move in. This week I received a phone call stating that they would be bringing a real estate broker over to look at the house to get it put on the market. This is how is have been going for months. I have asked my landlord that he wait 1 week until we are out and then he can do anything he wants. He said no and he would show it. I have also told him that the house is a mess due to we are in the process of getting ready to vacate the premises so there are boxes everywhere and stuff all over. Can I deny him access until I am out? We signed a 6 month lease and that ended at the end of March and have been month to month since then. I have been paying him cash for rent also and he refuses to give me rent receipts. What can I do about that? Ugh.. this is so stressful. They come over whenever they want when we are not here and don't even tell us they are coming. Do we not deserve any kind of privacy or warning? I have read so many different answers regarding this subject and I am not sure what is right. Obviously we are at odds with our Landlord and have caught them in many lies. It is basically a game of he said she said and I just do not want to play that game. I just want to get out of here. We can't leave until the 31st. Someone please give me some information to laws that pertain to this and not your opinion not to be hateful. I will truly appreciate your help. :eek:
  • May 24, 2008, 06:35 AM
    excon
    Hello tin:

    My rent wouldn't leave my hand unless a receipt went into the other. That's just me. It SHOULD be YOU too.

    Yes, he can show the house. He needs to give you reasonable notice, however. The courts have determined reasonable notice to be at least 24 hours. If you have a party planned for that time, you can refuse.

    Do you have to clean it up for him?? No.

    excon
  • May 24, 2008, 08:01 AM
    tincrob
    Ok excon- so do you live in Missouri and know the rental laws here? I am just trying to find what the law says. Does anyone have that info or know where I can find it?
  • May 24, 2008, 08:11 AM
    excon
    Hello again, tin:

    No, I don't live in Missouri. But, I see why you call it the "Show Me" state. No, I didn't read the specific laws for your state.

    But, I AM an expert in landlord tenant law. Been answering landlord tenant questions correctly for about TEN YEARS on sites like this.

    Having said that, most state laws are based upon a uniform set of laws. Even if Missouri doesn't have the provision in their landlord tenant law that I suggested, the courts there WILL agree with other courts in the land...

    Plus, I'll bet your lease agreement (that you probably don't have any more), has a clause in it that specifies what the landlord must do in order to visit. The provisions of your lease, with the exception of its duration, are STILL in effect.

    So now we come down to the law. You can read it yourself. We have a copy right here, on the real estate page, at the top on a "sticky note". Go read it (I'm not going to do it for you).

    If, perchance, I'm wrong (and I was wrong once), I'll apologise right here in public. Plus, I'll refund all your money.

    excon
  • May 24, 2008, 08:42 AM
    Fr_Chuck
    I lived in MO, owned rental houses, even owned a few in Ozark MO before. And yes, with a 24 hour notice I may show the house to the real estate agent and the real estate agent can show it to buyers.

    You are entited to a receipt and next you never pay in cash, always a check or money order.

    So since they called the day before they can legally show the house and you can not stop them.

    By the way, does Jim Hagle still have a large clothing factory there ?
  • May 24, 2008, 09:30 AM
    tincrob
    They have what is called 3rd Street Clothes... just kids clothes I believe. Thanks for info;)
  • May 24, 2008, 10:11 AM
    froggy7
    Quote:

    Originally Posted by excon
    Hello tin:

    My rent wouldn't leave my hand unless a receipt went into the other. That's just me. It SHOULD be YOU too.

    Yes, he can show the house. He needs to give you reasonable notice, however. The courts have determined reasonable notice to be at least 24 hours. If you have a party planned for that time, you can refuse.

    Is this actually true? I mean, the landlord has to give you notice. So he calls you up, says he is going to be over there showing the realtor the house in 2 days. You call back and say "Sorry... that's the day my son is having his birthday." Does that really mean that the landlord can't show the house, or just that he has to do so while you are having the party, if he really needs to be there on that day?
  • May 24, 2008, 10:15 AM
    Fr_Chuck
    Well considering notice is considered leaving a note on your door, leaving a message on your answering machine, to be honest I doubt telling the landlord you have an event will stop them, and to be honest don't expect the real estae agent to really give that notice, most will call as soon as a possible buyer wants to see the house, and want to show it, when the buyer wants to see it.
  • May 24, 2008, 10:19 AM
    excon
    Hello froggy:

    The presumption is that the tenant has some say in the matter or the landlord wouldn't need to give notice. It IS still THEIR house.

    However, the term "reasonable" applies to them as well as the landlord. Refusing entry because they have a pre planned event is reasonable. Refusing him entry because they have a pre planned event every time he calls, isn't.

    excon
  • May 24, 2008, 10:28 AM
    LisaB4657
    In Missouri there is no law that describes how much notice must be given to a tenant before a landlord (or his representative) can enter for a purpose that isn't an emergency. So the only thing that might require notice would be the original written lease.
  • May 24, 2008, 12:29 PM
    ScottGem
    Quote:

    Originally Posted by tincrob
    I am just trying to find what the law says. Does anyone have that info or know where I can find it?

    There are links to state laws at the top of this forum. But what does your lease say? Not all states have statutes covering this. Apparently MO diesn't (see Lisa's answer).

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