Question re: PRIVACY RIGHTS - LL is conducting Open House of my apt!

[QuartKnee80]

What is the name of your state? Illinois.

My roommates and I are currently 7 months into the rental agreement of a 3 bedroom condo. Within our lease, there is the following agreement: "Tenant agrees to, with 24 hours advance notice, allow Lessor in his/her unit for the purpose of showing said unit to prospective new Lessees/Buyers."

In my 10+ years of renting, I have always had leases which have included this stipulation... with the understanding that it's for those last two months or so before moving out so the Lessor can find new tenants, etc. However, my current landlord is abusing this agreement... we are subjected to open houses of our apartment every Sunday from 1:30 to 3:30, as well as periodic showings throughout the week. (They are currently building the same condos at another location and they are using our place as a "show"place.)

We have expressed our dislike of this arrangement and have even tried to turn her down a couple of times, but recently she has thrown fits and went so far as to "threaten" us. "I would hate for the developers to take action against you." - Another clause in the lease, "Lessor may exercise right to terminate Lessee's tenancy at any time with 60 days notice."

Do we have any rights in the matter? Is there anything we can do to limit these showings? I am a very private person and it bothers me to no end having strangers walk through my home and disrupt my day! (As I write this, we have had 5 showings today of 2-4 people each time)What is the name of your state?What is the name of your state?

 

[Snugglez41685]

Wow I am so sorry you have to deal with that! But it seems by the terms you stated there is nothing you can do. The only thing she has to do is give you a 24hr notice each time she wants to show the apartment. But see if there is specific time like the last two months of tenacy that you mentioned in your lease or the law in your state.

 

[Perky]

I'm sorry that I don't know the answer to your question, but I do have suggestions that might limit the intrusions. (although you may find them unpalatable)

If you leave dirty dishes in the sink and on the counter, leave your dirty clothes in trails from the front door to the bedrooms, cook fish on the day of the showing, and play loud music or watch porn during the showing, you will probably see a decrease in those showings!

I'm not familiar with renters' agreements and leases, so if there is anything in your lease that would prohibit these actions, then just pretend I wasn't here.

 

[kornball]

Perhaps your place is being show as your are a clean and neat person?

Do you know if all of the new placing being built are just like yours?

Are there other apartments like yours that could be shown?

Think of reasons why your place is being shown and then measures to counter act them that suite your lifestlye? I would also maybe ask the LL if it could be shown less if other apartments are designed like yours so limit it to once a month or something, don't say NO but limit the number of visits.

I would consider the dishes thing as maybe you got lazy on Friday and Saturday and didn't get to them yet. The clothes thing is a bit of a stretch but consider why yours is being shown and maybe counteract it? You know your LL better than anyone here ...

 

[acmb05]

I'm sorry that I don't know the answer to your question, but I do have suggestions that might limit the intrusions. (although you may find them unpalatable)

If you leave dirty dishes in the sink and on the counter, leave your dirty clothes in trails from the front door to the bedrooms, cook fish on the day of the showing, and play loud music or watch porn during the showing, you will probably see a decrease in those showings!

I'm not familiar with renters' agreements and leases, so if there is anything in your lease that would prohibit these actions, then just pretend I wasn't here.

Or she could refuse entry all together. Why you may ask?

Well because HER unit is not the one being sold or rented. Her unit is being used as a model for other units that are not even in the same complex. The clause in the lease is for HER unit.

Your landlord cannot use your unit as a showplace for similar units. Now if it was your unit being sold she could then show it with proper notice.

As far as I know the clause about terminating your lease for no reason would not hold up in court seeing as you are on a yearly lease.

 

[Who's Liable?]

What is the name of your state? Illinois.

My roommates and I are currently 7 months into the rental agreement of a 3 bedroom condo. Within our lease, there is the following agreement: "Tenant agrees to, with 24 hours advance notice, allow Lessor in his/her unit for the purpose of showing said unit to prospective new Lessees/Buyers."

standard in most if not all states.

In my 10+ years of renting, I have always had leases which have included this stipulation... with the understanding that it's for those last two months or so before moving out so the Lessor can find new tenants, etc.

The LL may choose to enforce this clause WHENEVER they want. It's just been your experience it happens during the final months of the lease.

However, my current landlord is abusing this agreement... we are subjected to open houses of our apartment every Sunday from 1:30 to 3:30, as well as periodic showings throughout the week. (They are currently building the same condos at another location and they are using our place as a "show"place.)

You MUST comply IF THE LL has PROPERLY notified you of the date and time the open house will be.

We have expressed our dislike of this arrangement and have even tried to turn her down a couple of times, but recently she has thrown fits and went so far as to "threaten" us. "I would hate for the developers to take action against you." - Another clause in the lease, "Lessor may exercise right to terminate Lessee's tenancy at any time with 60 days notice."

Have her threaten all she wants. There is NOTHING she can do if she has NOT properly notified you. You can threaten back to sue since she is abusing her tight to access.
As for the 60-*days notice you would need to type out the entire clause for us to determine its legality

Do we have any rights in the matter? Is there anything we can do to limit these showings? I am a very private person and it bothers me to no end having strangers walk through my home and disrupt my day! (As I write this, we have had 5 showings today of 2-4 people each time)What is the name of your state?What is the name of your state?

You can REFUSE entry IF the LL has NOT PROPERLY notified you. You have the right to call the police and report a break-in should the LL decide they will get in. Send the LL a ltetter CRR stating you will call the police should they choose to enter the premises without your knowledge. You DO NOT have to clean up, while it may be nice, you are not obligated too.

As for the rest of you posters, DO NOT post answers base on "what you feel", or if it starts with "I don't know anything about leases". This is a legal advice column, not a "feelings" column.

 

[Perky]

"Or she could refuse entry all together. Why you may ask?

Well because HER unit is not the one being sold or rented. Her unit is being used as a model for other units that are not even in the same complex. The clause in the lease is for HER unit." per acmb05


Oh yeah, that's much easier! (and less smelly)

 

[TinkerBelleLuvr]

http://www.weblocator.com/attorney/il/law/resreal.html#280

Tenants enjoy a number of rights, even if those rights are not specified in the rental contract. The tenant has a right to quiet enjoyment of the premises, which means that the landlord may not interfere illegally or unreasonably in the tenant's life, just because the landlord owns the property. Renters have the right to use the rented premises in any way, as long as it is legal.

Privacy
Generally, a landlord may enter a tenant's unit only with the tenant's consent, except in an emergency. After a tenant has given notice of termination, a landlord has the right to enter the unit to show it to prospective renters. A landlord also may enter for a "reasonable business purpose," such as maintenance, only after giving the tenant reasonable notice. If a landlord fails to get permission or give notice, the landlord is trespassing and may be sued. The tenant whose privacy rights have been violated may recover damages.

The key is that the open houses are NOT to rent/sell THIS unit. You have several options.

You can send IN WRITING a protest letter to the landlord stating that the "open houses" are NOT for the benefit of re-renting/selling THIS unit. WHEN you choose not renew your lease, THEN they have the right to show the apartment for others.

Now, your place can become conveniently INCONVENIENT to the landlord. If you know that they are wanting to have open houses EVERY Sunday, feel free to let them know that you have company and it will not work. You have a right to privacy. Just because she/he says they want the open house does not necessarily mean they get one.

You may want to see a real estate attorney who could draft a letter to the landlord to cease and desist.

 

[Perky]

As for the rest of you posters, DO NOT post answers base on "what you feel", or if it starts with "I don't know anything about leases". This is a legal advice column, not a "feelings" column.

That's nice, but the Terms and Conditions specify that responses to questions may be from legal experts or anyone who has had an experience similar to the original poster's. It seems that anyone who has advice or insight to offer is free to post according to the Terms and Conditions.

 

[Hot Topic]

{Quote}I'm not familiar with renters' agreements and leases, so if there is anything in your lease that would prohibit these actions, then just pretend I wasn't here{Unquote}

The first thing the OP refers to is her lease and the clause about showing the unit. What good is advice from someone about something they've admitted that they know nothing about? What's the advice or insight that the OP is supposed to obtain?

 

[Perky]

The first thing the OP refers to is her lease and the clause about showing the unit. What good is advice from someone about something they've admitted that they know nothing about? What's the advice or insight that the OP is supposed to obtain?

The insight is that there may be other ways of getting what she wants if she is unable to do anything legally. This advice seems less harmful than advising her she can do nothing, when in a subsequent post it appears that she can.

So, what's your advice to the OP since you're posting here?

 

[QuartKnee80]

Thank you all for your advice and suggestions! I would love to try and "sabotage" the appearance of the apartment, unfortunately, my roommates and I simply can't bring ourselves to doing it! It's this crazy compulsion we have to keeping the place, neat and clean!
We will certainly keep everything you've proposed in mind!

 

[OHlandlord]

Not that you are actually considering this, but one word of warning to those thinking about attempting to "sabotage" the appearance of a unit. While it may make the LL stop using your unit to show the complex, it may backfire. The LL may think you are not good housekeepers and may simply not renew your lease when it expires since he wants people who take care of the units. No one wants tenants who leave dirty dishes and clothing scattered around. Those dishes can attract pests. Playing loud music can get nuisance complaints against you (and possibly an eviction). You'd be violating the quiet enjoment convenant of the other tenants. If you do this, plan on moving at the end of your lease. It probably won't be renewed. It would be better to simple politely decline allowing them to show your unit if possible.