What is 24 hours notice?

I told my tenants in writing that I would have potential renters in and out of their home all this week. I then called them last night and told them again that I had potential renters viewing the rental premises tomorrow (still this week). One of the tenants called yesterday and left a message that they wanted to know specifically when the home was going to be viewed. I did not get the message until very late last night; therefore, I couldn't call them back late last night. I, however, called them in the morning and told them the specific time which was unfortunately now but an hour away. She got upset with me and told me that by law in the future I have to give them a specific time and that I have to call each day and give them 24 hours notice. She said that I can not write them at the beginning of the week telling them that I will have people in and out all week without giving specific times either. Plus she said that I always had to give her a time. How right is she about any of this?

Thanks,

Mary

[I AM ALWAYS LIABLE]

My response:

You know, Mary, we can tell that you're "flying by the seat of your pants" in this matter. You keep writing to ask questions about landlord / tenant law and procedures when all you need to do is go to your nearest bookstore and buy a good book on the subject. Follow the instructions, directions, and the law contained in the book.

Good luck to you.

IAAL

I have only asked two prior questions. Plus, is it not the purpose of this bulletin board to post questions and answer questions regarding "Landlord/Tenant Issues?" If you do not have the answer to my question, then why are you taking the time to criticize me for using a forum for its intended purpose? Do you not have anything better to do? Why do you care how I get my information, whether it be from this forum or a book? Am I somehow personally putting you out? (These are all rhetorical questions that do not really obtain to Landlord/Tenant Issues; and therefore, do not necessitate a response from you. Enough said.)

Mary (again, and again, and again, etc.)

[I AM ALWAYS LIABLE]

My response:

I meant no disrespect, and I'm sorry you understood or misinterpreted my response to you as being so.

We have no Ohio attorneys on these forums, and I was only interested in helping you to get the accurate information that you need. All I was trying to say is that, with a State-specific "How To" book from a bookstore, all of your questions would be answered and backed up by current Ohio law - - and all the proper forms and letters would be available to you at your fingertips.

Additionally, and since it appears that you need information "ASAP", buying a book would obviate the necessity of you having to wait for a response to your numerous questions on the subject of Landlord/Tenant law.

However, you are still more than welcome to post here, anytime you so desire. I was merely trying to give you another avenue for answers - - being that you have many, and to help you get those answers as quickly as possible.

IAAL

[FarmerJ]

Mary some states laws are rather vague some arent up here where I am non emergency entry into a unit is 72 hours . But the law isnt clear on saying much more here , so If your original lease gave you the right to show the unit at reasonable times and you have provided a letter to them saying your going to show unit during reasonable times of the day and they still give you grief then If showing unit is going to be that much hassle wait till they move out . I never used to show a unit that was occupied . much better to have it empty then you have chance to paint and do anything else needed un hindered by a tenant you then can show it when ever you damn well feel like it and you dont have any problem with a future renter wondering If you really will fix the things that they see . mary just like selling a home first impression is what counts with rentals If a prospective renter sees a imaculate unit thats empty and needs nothing done . Mary If I recall didnt you post that you had the impression they were going to vacate early . other post too If You send written letters with just a confirmation showing that it was delivered as well as a reg copy .

Thanks so much for the very helpful information. I didn't mind showing the property now because my tenants are very clean people and so potential renters get a good idea of how the place will look when it is finished being painted and cleaned with all their furniture in place. I just think my tenants are not pleased with the situation and are taking it out on me. I tried to explain to them that this has to be treated from a business stand point and for them to not take anything personal and please try to understand my view point. He understands, but she feels more inclined to place blame on someone instead of just accepting things for how they must be. With some people, if things don't go their way then they absolutely NEED to find someone to blame and unfortunately, she is one of these people.

Thanks again for your input and I think it is time for me to purchase one of those books. On the off chance another question arises, then....

Mary

Mary:

Here is something you can tell the tenants, OK i wont bother you by showing the apartment until after you leave but then i will have to deduct each and every day its empty with no signed lease, from your security deposit.

[Cvillecpm]

Mary Bell....you need to be asking these types of questions on the MrLandlord site - www.mrlandlord.com and go to the Q&A forum.

Loads of OH landlords will come to your aid and give specific information.

Yes, your tenant is trying to buffalo you. Most state laws only require 24 hour notice if you are doing repairs of your own choosing NOT if you are showing the property for re-renting and this is allowed under your lease. You do need to learn OH laws and be more careful in how you communicate with tenants.

Consider....when unit is vacant and clean, take lots of wide-angle photos as well as exterior photos of the unit so that you can do a "preview" to applicants prior to bothering your current residents with multiple showings. Sounds like you are showing the unit prior to getting application and "qualifying" the applicants - this is the cart before the horse. Qualify and have the viewing of the unit be the LAST stop in the process - not the FIRST.

[JETX]

And another country heard from... mainly because Mackkkk has given some more of his stupid, inane, inaccurate advice (you can't charge the tenant for unpaid rent UNLESS they have breached the lease... which isn't even mentioned ANYWHERE in this thread!!).

Mary:
1) Do the renters have written leases?? If so, does the lease have any provision for showing the unit during tenancy?? Without it, you have NO rights to show the units without prior specific permission.
2) Most states (and/or leases) allow landlord access, but only for maintenance or security issues... not to show the property to prospective tenants. Your entering the property without specific permission could get you in big trouble.

Simply, as long as the tenants are current on their rent and in full compliance with the lease, they have specific rights to expect privacy and to be secure in THEIR home.

[HomeGuru]

Originally posted by mary_bell
I told my tenants in writing that I would have potential renters in and out of their home all this week. I then called them last night and told them again that I had potential renters viewing the rental premises tomorrow (still this week). One of the tenants called yesterday and left a message that they wanted to know specifically when the home was going to be viewed. I did not get the message until very late last night; therefore, I couldn't call them back late last night. I, however, called them in the morning and told them the specific time which was unfortunately now but an hour away. She got upset with me and told me that by law in the future I have to give them a specific time and that I have to call each day and give them 24 hours notice. She said that I can not write them at the beginning of the week telling them that I will have people in and out all week without giving specific times either. Plus she said that I always had to give her a time. How right is she about any of this?

Thanks,

Mary

**A: the tenant is correct. L cannot give a 24 hour written notice to show at the beginning of the week and expect that this one letter applies to all showings (whatever days and times they may be) during the week. To conform with the intent of the law, the 24 hour notice to show should be given for each showing or showings ie.
"Dear T, we will be showing your property to prospective tenants on Monday May __ at 4pm and Tuesday May ___ at 10 am. Please call me if you have any questions. Thank you for your cooperation."
Failure to provide adequate notice to T and then showing the property would be considered unlawful entry on the part of L.
When I show property for rent, I work out a previously mututally agreed upon showing schedule in advance. Once this is done, my 24 hours notice to show is complied with, the tenants are happy because they got to pick the dates and times of showing and when prospects call to see the property, I already have showing dates and times to give them.
Read Chapter 5321 Landlord and Tenant of the Ohio Revised Code. If you are a landlord, you need to know this stuff.

5321.04 (8) of the Ohio Revised Code reads as follows: Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.

AND...

5321.04 (9B) of the Ohio Revised Codes reads as follows: If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement.

Now, my lease with them reads as follows: RIGHT OF ENTRY. Landlord and Landlord's agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice to Tenant, to inspect the premises, to perform ordinary, necessary, or agreed maintenance, repairs, decorations, alterations, or improvements, to show the premises to prospective purchasers and mortgagees, and, for a period commencing sixty (60) days prior to the termination of this Lease, or any renewal thereof, to show the Premises to prospective tenants.

Plus, as I stated earlier, I told them in writing that I was going to start showing the property starting this coming week. I then called them the day before and left a message on their machine telling them that I was going to be showing the property tomorrow. I then called her the next morning to confirm the time with her at which time she made it known that she didn't like the time. I offered to cancel the showing and she said no, that wouldn't be necessary. So, I had her permission to proceed and did so only with that permission. At no point did she say that she didn't want me to show the property at that time with me disregarding what she said. Had she said that she didn't want me to show the property then, I would have obliged willingly. Plus, I only showed the property once and therefore do not consider this to be harrassment either.

So, I don't see where I violated any Ohio Revised Code.

Thank-you,

Mary