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Reasonable Notice for Showing Apt. in NJ

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Mr. Nice

Member
What is the name of your state (only U.S. law)? New Jersey.

What's the consensus on what constitutes "reasonable notice" for showing an apartment to prospective tenants in NJ? Assume that the contract does not define "reasonable" and that the notice is in proper form.

One webpage suggests a day's notice is needed in NJ for maintenance and repairs. Showing an apartment is arguably more intrusive as the potential tenant would want to see and look at everything. So a one day base line sounds about right. LSNJLAW - E: Chapter 4: Leases

Additionally, another website lists what other states have done statutorily. It appears 24 hours is the most common time period. Chart: Notice Requirements to Enter Rental Property, State by State - Real Estate

How much lower can one go and still be reasonable? 20 hours seems as good as 24. 1 hour seems too little.

This webpage indicates the matter is not free from doubt even for a notice of 2-3 hours. Landlord's right of entry - Landlord & Tenants | LawGuru

Thoughts?
 


Mr. Nice

Member
Thanks for the link, BL. Lots of useful stuff but I don't think it answers the question.

It notes that there is no statutory requirement for notice, which means it falls back on the contract which requires "reasonable notice" and back to my original question.
 

Mrs. D

Member
Reasonable is what does not inconvenience the tenant. If my LL was showing my apt., I would want enough time to make damn sure that all of my personal items and information were secure. If she e-mailed me in the middle of the day that she was coming by at 6 w/a prospective tenant, I would be very inconvenienced. I would have to leave work early (I normally get home around 7) to make sure everything was copasetic. If, however, she e-mailed me the night before (let's say around 8) that she was bringing someone in mid-day the next day, I would be fine, as I would just make sure everything was good before I turned in for the night. So...you know your current tenant, I would assume...what is enough notice for them to secure their stuff?
 

ecmst12

Senior Member
I told my current landlord that I wasn't going to go out of my way to make my apartment neat for prospective tenants if I didn't get enough notice. Basically, if they want me to straighten up, they should notify me at least the afternoon before so I can clean up that evening. If they don't give me enough notice, then I'm not going to take responsibility for their client being turned off by my dirty underwear on the floor. Personally, it doesn't bother ME one bit if someone I've never met and probably never will, sees my apartment messy. So basically it's in THEIR interest to give me decent notice.

OP, with no statutory limit, the only thing that could decide is the judge, should the matter go to court.
 

Mrs. D

Member
I told my current landlord that I wasn't going to go out of my way to make my apartment neat for prospective tenants if I didn't get enough notice. Basically, if they want me to straighten up, they should notify me at least the afternoon before so I can clean up that evening. If they don't give me enough notice, then I'm not going to take responsibility for their client being turned off by my dirty underwear on the floor.
Dirty underwear is not what I am referring to. What I am referring to is CC, loan, and other bills; my laptop, cell phone, or jewelry which could easily be lifted if LL turned her back; or any other items or information of value that someone could seriously mess me over with. I wouldn't blink at suing LL for unlawful entry AND damages if she didn't provide me with enough notice, brought someone in, and they stole my identity/stuff.
 

Hot Topic

Senior Member
Since you know that strangers are going to be brought into your apartment, you simply find a hiding place for your valuables. You take them out as needed, then return them to the hiding place. It isn't a good idea to leave them lying around anyway.
 

Mrs. D

Member
I don't leave my valuables/information lying around, but things happen. My electric bill is due and I bring the bills folder out of fire safe and forget to put it back. I change my jewelry and leave the Tiffany bracelet out until I get home from work. If someone were to break in, that's what renter's insurance is for. If, however, I KNOW that someone is coming in, I make sure everything is secure. That is really the purpose of notice regulations. A LL should make sure to give enough notice that tenant can reasonably secure everything.
 

Mr. Nice

Member
Thank you for the many posts.

Can we modify the question somewhat?

If this matter was fully and fairly litigated to completion, at what number of hours of notice would you say a tenant is in breach of contract for refusing entry for the purpose of viewing the apartment?

Do you think a judge would tend to agree with what appears to be the consensus in this forum -- 24 hours? Or would a judge find that a tenant breached his contract for refusing entry for a far lesser number of hours?

I would guess "day before" notice would be tough for a tenant to say was not enough even if was less than 24. I find it hard to imagine any judge would find "same day" notice "reasonable".
 

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