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Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19673
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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My daughter has just called and she has her apartment rented

Customer Question

My daughter has just called and she has her apartment rented until the end of next month. She has never been late on a payment and never had any complaints from the manager. A new company named Key Reality has bought the property and wants everyone to sign a new lease which my daughter has said no to and gave them notice that she'll be out as soon as what lease is already paid up. She's been leasing or renting month to month since her first year. She's been there over 2 years. The new lease agreement would require all repairs, painting, floor refinishing, carpet cleaning, exterminator treatments, and etc to be done professionally and be done by their, Key Reality, group of professional handymen and every apartment is to pay for these items as they are going to completely refurbish as each and every tenant moves out. There were no problems with her declining and giving notice that she wouldn't be interested in a new lease but the manager, owner, just called to see if she could meet her there in 15 minutes to show the apartment to some prospective tenants and my daughter doesn't get off work until 7 pm this evening. She's a nurse at Integris Edmond and this apartment is located in Mesta Park. The lady told her okay then I'll see you there at 7:15. She, the manager is putting a key button type of padlock on the door and says she'll be taking pictures of the inside to post on the internet with my daughter's belongings still in the apartment and told her to be sure and keep the place tidy until someone puts a deposit on it for when she, my daughter, moves out. She has some really nice stuff including a $1,000 HDTV. She says she will be showing it to prospective tenants whether my daughter is there or not. Is this legal? Thank you so much! Binkley Clarkson
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 5 months ago.
Hello,Thank you for the information and your question. Below is the section of the Oklahoma landlord tenant act that applies to this issue. As long as the landlord complies with the terms of that statute, they would be allowed to place a lockbox or take photos of their real property, including pictures of the rooms in the property. It does though sound as if the landlord is not complying in the sense that they must give 24 hour notice to show the unit. So, your daughter can assert her right to that notice. If she wants to try to work with the landlord by asking them to avoid photos that show her high value items, then perhaps she can couch that request with an agreement to allow for less than 1day's notice to show. In other words, give a little to get a little. Please let me know if you need any clarification or have follow up questions. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you. §128. Consent of tenant for landlord to enter dwelling unit—Emergency entry—Abuse ofright of entry—Notice—Abandoned premises—Refusal of consentA. A tenant shall not unreasonably withhold consent to the landlord, his agents and employees,to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs,decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagee, tenants, workmen or contractors.B. A landlord, his agents and employees may enter the dwelling unit without consent of thetenant in case of emergency.C. A landlord shall not abuse the right of access or use it to harass the tenant. Except in case ofemergency or unless it is impracticable to do so, the landlord shall give the tenant at least one (1)day’s notice of his intent to enter and may enter only at reasonable times.D. Unless the tenant has abandoned or surrendered the premises, a landlord has no other rightof access during a tenancy except as is provided in this act or pursuant to a court order.E. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or he may terminate the rental agreement.
Expert:  Marsha411JD replied 5 months ago.
Hello again,I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 11th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received either.Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: you.