Our lease ends April 1, tomorrow our landlord wants to show our apartment to a potential tenant, I have 2 questions relating to this.

1. When the landlord called to inform us she said "your apartment is pretty cluttered" which it is... but the landlord, nor her maintenance person, has entered my apartment since December 22 (with my knowloedge or consent)... how would they know the current state of the place? Are they allowed to walk in and check how clean it is without advising us?

2. She would not give a specific time and we want to be there when she enters, is she allowed to just say "some time after noon"? Or can I make her give a time?

The apartment is your domicile and you are paying for it. I am confused, you say the landlord has entered your apartment 'with knowledge'. Did you mean to say without your knowledge? YOur landlord is not allowed to be in your apartment without your knowledge or consent.

And, yes, get a definitive time when they want to show it.

How - and if - is this addressed in your lease?

Access to the apartment is not specified in the lease.

Also I don't know for sure the landlord entered when we were not home but her comment that the place is messy is a clue... I have never given them permission to enter without me being home, the last time they came in (that I know about) was before Christmas when we had a water leak.

I am not sure how to answer this because I don't know what state you are in, but I'm pretty sure that this is unacceptable. Go to your local city hall and pick up a free copy of your renters rights, this should go in depth as to the specifics on these kinds of procedures.

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Originally Posted by Lowtax4eva

Access to the apartment is not specified in the lease.

Also I dont know for sure the landlord entered when we were not home but her comment that the place is messy is a clue... I have never given them permission to enter without me being home, the last time they came in (that I know about) was before Christmas when we had a water leak.

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Here's the Law as I found it (for Quebec). I find nothing that changes or modifies it and it's pretty straight forward:

"Permitting landlord entry to the premises (times and reasons) - The landlord may enter the rental unit with the tenant's consent to make minor repairs between 7 a.m. and 7 p.m., and to show the rental unit to prospective tenants or buyers between 9 a.m. and 9 p.m. In both cases, the landlord is required to give the tenant 24 hours verbal notice. In cases of emergency, the landlord may enter to check the premises at any time without providing notice."

Renting in Quebec | CMHC

Quote:

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Originally Posted by HighandDryinnNy

i am not sure how to answer this because i dont know what state you are in, but im pretty sure that this is unacceptable. go to your local city hall and pick up a free copy of your renters rights, this should go in depth as to the specifics on these kinds of procedures.

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Quebec, not in US -

Its possible the landlord entered due to an emergency in the building. That would be within your local laws.

Hello Low:

Given that your law requires 24 hour notice, the implication is that you can REFUSE entry.

Certainly, if you had a dinner party planned for the time when the landlord wanted to come in, you could and SHOULD refuse. Another time more convenient to all parties should be arranged.

The key to the law is "reasonableness".

I know your situation isn't that. However, I pointed it out because I wanted you to get that within the law, you DO have control over the situation. In fact, you have MORE control than your landlord does.

No, they can't peek in to see if it's dirty. But, it's clear that your landlord doesn't care much about your rights or the law. That's cool. You're leaving... But, make sure your exit is done lawfully.

Toward that end, you ARE allowed to be in your home, and an appointment IS necessary.

I'd write a letter to your landlord. In it, refer to the law that Judy found for you, demand they make an appointment, and tell them if they enter your apartment again in violation of the law, you'll sue them.

Make copies of your letter. Send it certified, return receipt requested. Mail a copy by regular mail, and drop another one off at the office TODAY. At the bottom of your letter, make a note that you hand delivered one copy, sent another by registered mail, and one by regular mail.

Simply by DOING that, they'll start treating you with the respect you deserve.

excon

But on the other hand , if they have always noted it messy, they may just KNOW it is messy now.

Since my place is normally messy, that would be a good bet

But if they give you 24 hour notice, they can come in and yes after noon is a good @ time.

I know this is old but felt like completing the story, it actually ended up being a big mess.

After the first post we got a call one day that they had shown the apartment to a new tenant and they had signed a lease. We were given notice of the visit.

However we met the new tenant by complete fluke and started talking with them. They told us the landlord never showed her our apartment, she saw an empty unit in the same building, so I don't know how many times the landlord entered our apartment but did so at least twice without permission and without any valid reason other than to check the condition. The landlord told her we were "messy people and the apartment was not suitable to view" which was a lie, we cleaned up and actually took photos of the place cause we were trying to find someone to take over the last month of the lease by ourselves.

Also the landlord told the new tenant we had caused some damages to the apartment that had been there since before we moved in back in 2004.

Quite a long story, we have had many problems with this landlord and told the new tenant to be very careful and keep every receipt, hope it works out better for them!

After hearing the beginning I always like to hear the end. What a nightmare! I suppose it could have been worse than it actually was - you must be glad you are out of there.