No 48-hour notice given

[DyingFaerie]

What is the name of your state (only U.S. law)? OR

I gave notice that I was moving out on Monday, the 11th (May) - but that my move out date would still be at the end of my lease, officially. My lease ends on June 30th. I've already rented a new place and have begun moving things out. Yesterday, management came over and asked to show our apartment to prospective tenants (I wasn't home, I would have refused... but my fiance was and he's sort of a pushover and let them in).

No notice was given by writing or phone, whatsoever. The person from the management did not come inside, and I'm not sure if that's a loophole, since technically management did not enter. Is it worth pursuing? Is there a phone number for Oregon that someone could recommend to me, regarding this matter?

 

[Zigner]

What is the name of your state (only U.S. law)? OR

I gave notice that I was moving out on Monday, the 11th (May). My lease ends on June 30th. I've already rented a new place and have begun moving things out. Yesterday, management came over and asked to show our apartment to prospective tenants (I wasn't home, I would have refused... but my fiance was and he's sort of a pushover and let them in).

No notice was given by writing or phone, whatsoever. The person from the management did not come inside, and I'm not sure if that's a loophole, since technically management did not enter. Is it worth pursuing? Is there a phone number for Oregon that someone could recommend to me, regarding this matter?

Worth pursuing what? They had permission to enter at that time. You have no case. Period, even if, and or but.

 

[DyingFaerie]

Okay, so at this point can I refuse any sort of entry into our property?

 

[Zigner]

Okay, so at this point can I refuse any sort of entry into our property?

Short answer: No

Longer answer: You may be able to refuse entry in some instances...but not "any sort of entry"

 

[Cvillecpm]

Hey!!! the sooner they can re-rent, the sooner you are off the hook for the remainder of your rent.

You should say HELL YES!!! bring them by!!

They just need ONE instance of your being uncooperative and they can wait out your lease and sue you!!!

 

[TinkerBelleLuvr]

Her lease ends June 30th. Her objection is receiving ZERO notice about someone wanting to see the place.

My suggestion is to let the management office know that you need the 24 hour notice to show. Sending it in WRITING.

When you rent a house or an apartment from someone, you enter into a legal contract with someone. With this contract begins what is known as a landlord-tenant relationship. As a tenant, you have certain rights and responsibilities. First of all, you have the right of exclusive possession. This means that even though the landlord owns the property, you have the right to use the property. With this comes the right of privacy. No one may invade your "home" without legal authority. Your landlord has the right to inspect the property, but he or she must give you at least 24 hours notice before entering. This is the case except if there is an emergency, if you have agreed to have repairs done (without designating certain dates and times), or if it simply is not possible to enter at another time.

http://www.osbar.org/public/legalinfo/1246.htm

Your landlord may enter the property after advance notice in order to make inspections, make necessary repairs, supply necessary services, or to show the property to prospective buyers or work people, and you cannot unreasonably deny your permission to the landlord to do so. However, the landlord cannot abuse this right of access, use it to harass you, or enter at unreasonable times.

 

[Zigner]

Her lease ends June 30th. Her objection is receiving ZERO notice about someone wanting to see the place.

My suggestion is to let the management office know that you need the 24 hour notice to show. Sending it in WRITING.


Rights and Duties of Tenants

That's all fine and dandy...but, if the LL knocks on the door and receives permission to show the place immediately (as happened here already), then there is no problem.

 

[HomeGuru]

That's all fine and dandy...but, if the LL knocks on the door and receives permission to show the place immediately (as happened here already), then there is no problem.

**A: I agree as the tenant could have refused to show based on improper notice.

 

[TinkerBelleLuvr]

That's all fine and dandy...but, if the LL knocks on the door and receives permission to show the place immediately (as happened here already), then there is no problem.

I should have clarified my statement to : to avoid the problem in the future, let the LL know that you need your 24 hour notice - and put it in writing.

 

[DyingFaerie]

Hey!!! the sooner they can re-rent, the sooner you are off the hook for the remainder of your rent.

You should say HELL YES!!! bring them by!!

They just need ONE instance of your being uncooperative and they can wait out your lease and sue you!!!

I doubt they would work that way, they are scumbag enough that they would probably try to short me out of my rent *and* get rent from the new tenant. Somehow they'd figure out a legal way to do it, I'm glad to get away from them.

I'm uncomfortable with people viewing my apartment (I've heard they will even do this without the tenants being home), before I've gotten my deposit... for a few reasons. One is that I dunno these people, they might decide to pocket something expensive on their way through... they might decide to stick gum in some place that I would have to clean out to get my deposit. For all I know, they will start drawing graffiti on the walls, or track dog crap into my place... all of which I would be responsible for. That is why I'm against it.

I'm not sure what you mean by me getting sued for being uncooperative, but I sincerely hope that doesn't happen... =\

Next time we will be more informed, and not let our rights be tromped on. Thanks for the response, it's been very insightful.

By the way, I didn't change my move out date, I mean that I basically gave 7ish weeks notice before the end of my lease, and I am not trying to cut out of it early, since that's not an option. I think I was misunderstood before.

 

[ecmst12]

I think you're being a little paranoid. The landlord's agent will be with the prospective tenants, and it's a WALK THROUGH. Not a house party. They walk around, they see what the layout is, figure out if their furniture will fit, and then they leave.

You don't have the right to blanket refuse entry. You can ask that they give you notice before hand but you can't require it to be scheduled when someone is home or tell them they have to wait until after you are done moving out. But ultimately they have the right to enter to show it to prospective tenants and there's not much you can do about it.

 

[DyingFaerie]

Last time they showed our apartment, management stood outside the door while prospective tenants walked through. Most of the people who rent from this area are university students... I've seen them wreck apartments they rented from here, and I'd rather people like that weren't walking through my place, especially if no one's home. Any other area and I wouldn't be as concerned.

 

[Alaska landlord]

By law, your landlord has to give at least a 24 hr notice. If your landlord just drops by and your roomie lets him in, then he has not broken any law. If he does give 24 hr notice and you refuse, then he can get a court order to force you to allow entry.

Your feelings count for nothing in this matter.

 

[TinkerBelleLuvr]

Can someone you know, but management doesn't, see what they do if the schedule to "see" your apartment?