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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16331
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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I just put in my 30-day notice to move out of an apartment

Customer Question

Hi, I just put in my 30-day notice to move out of an apartment I had leased, and the manager of this building insists that in this month she has every right to show potential new tenants our apartment when we haven't even moved in. She said even if she calls us to warn us and we are not there, that she has every right to come into my apartment and show complete strangers my apartment when I still have 30 days to live here. Is this legal? Please help
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I meant to say when we haven't even moved OUT*
Expert:  Legalease replied 1 year ago.
Hello there =
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While this can be very unfortunate and intrusive, the landlord does have the right to show the place to prospective new tenants so that they can get the apartment unit rented as soon as possible after you move out -- it is their way of keeping costs down. However, just because the landlord has this right to show the place, the landlord must be reasonable when showing the place -- and being reasonable equals that they should call you to give them 24 hour notice to prepare for the intrusion -- so you do not have to let the landlord and the prospective new tenants into the unit unless there is some really good reason why the landlord was not again given access by the tenant.
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Please let me know if you have more questions. If not, can you please press a positive rating under this ANSWER box so I will be paid for my time assisting you this evening. THANK YOU VERY MUCH !!
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MARY
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Customer: replied 1 year ago.
Thank you for your time and service! I just have a few more questions please...Is that 24hour notice a legal requirement so I can at least let her know that, because she was saying that even if a potential tenant came by and we she called us but we weren't home, she could walk in with them, basically giving us zero time's notice..
Expert:  Legalease replied 1 year ago.
Hello again -
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Unfortunately, the answer to it being specifically in the statute, the answer is no, it is not. The landlord /tenant laws simply require that the landlord give "reasonable" notice before entering a unit -- most courts that have heard the issue have held that 24 hour notice is considered reasonable in the context of giving notice to show the unit to prospective tenants. If you are not reasonable and flat out refuse all the time (every time they ask) then the landlord can try to work around you and go in when the landlord believes that he would cause the breach of contract on At least amount of conflict and interruption to you and your family. And from the way the landlord was talking she knows all of this or she would have just started coming in with prospective tenants whenever she felt like doing so.
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MARY

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