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    johnsonama513's Avatar
    johnsonama513 Posts: 4, Reputation: 1
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    #1

    Jun 25, 2012, 12:06 PM
    Landlord showing apartment while still occupied
    I'm having a difficult time with my landlord showing my apartment. My lease ends at the end of July and he has been having many showings every week. The problem was initially that he wasn't giving me 24 hours notice, which, as far as I can tell, he is required to. Now he is giving me 24 hours notice but says he's going to be showing my apartment for an hour at a time, essentially having mini-open houses. He has also been showing the unit outside of normal business hours (as late as 8:15pm). Is this legal in Michigan?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 25, 2012, 12:10 PM
    Quote Originally Posted by johnsonama513 View Post
    I'm having a difficult time with my landlord showing my apartment. My lease ends at the end of July and he has been having many showings every week. The problem was initially that he wasn't giving me 24 hours notice, which, as far as I can tell, he is required to. Now he is giving me 24 hours notice but says he's going to be showing my apartment for an hour at a time, essentially having mini-open houses. He has also been showing the unit outside of normal business hours (as late as 8:15pm). Is this legal in Michigan?
    What does your lease say about advance notice, hours and so forth?
    johnsonama513's Avatar
    johnsonama513 Posts: 4, Reputation: 1
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    #3

    Jun 25, 2012, 12:17 PM
    It states:

    Advertisement for Rent - If the Resident does not notify landlord of intent to renew their lease 60-days prior to the last day of this lease, Management will have the right to advertise the property for rent, and show potential new Residents the property with 24-hours notice to the current Resident.

    Rights of Access and Locks - Management shall have the right of access to residence for inspection and repair or maintenance during reasonable hours, and with 24-hour notice.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 25, 2012, 12:24 PM
    I would argue what is "reasonable." What seems reasonable to him is not reasonable for you.

    Is he giving you 24-hour advance notice?
    johnsonama513's Avatar
    johnsonama513 Posts: 4, Reputation: 1
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    #5

    Jun 25, 2012, 12:37 PM
    He hadn't been and I kept telling him I needed it. Finally he gave me 24 hour notice for this 1 hour span of time to show my apartment to one or more prospective tenants.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 25, 2012, 12:40 PM
    Quote Originally Posted by johnsonama513 View Post
    It states:

    Advertisement for Rent - If the Resident does not notify landlord of intent to renew their lease 60-days prior to the last day of this lease, Management will have the right to advertise the property for rent, and show potential new Residents the property with 24-hours notice to the current Resident. ...
    Should we assume you didn't give the 60-day notice? Because, if you did, obviously this sentence does not apply. Landlord would have to fall back to whatever the Michigan LL/T statute says on the subject, if anything.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 25, 2012, 12:41 PM
    I don't see this being addressed specifically in MI law. Which means the terms of your lease take precedence.

    Frankly, I don't think it unreasonable for the landlord to ask that you block an hour to show the apartment with 24 hour notice.
    johnsonama513's Avatar
    johnsonama513 Posts: 4, Reputation: 1
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    #8

    Jun 25, 2012, 12:44 PM
    Quote Originally Posted by AK lawyer View Post
    Should we assume you didn't give the 60-day notice? Because, if you did, obviously this sentence does not apply. Landlord would have to fall back to whatever the Michigan LL/T statute says on the subject, if anything.
    I did give 60 days notice that I would not be renewing.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Jun 25, 2012, 12:45 PM
    Quote Originally Posted by johnsonama513 View Post
    He hadn't been and I kept telling him I needed it. Finally he gave me 24 hour notice for this 1 hour span of time to show my apartment to one or more prospective tenants.
    I would tell him that he can have 1 "open house" a week, during normal business hours, that he can also show the premises by appointment with "serious prospects" (anyone who arranges to see it ahead of time - with 24 hour notice to you), and possibly more open houses for the last week of the tenancy, if needed.

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