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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111657
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can my landlord put the apartment for rent before my 30 days

Customer Question

Can my landlord put the apartment for rent before my 30 days notice?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, the landlord can offer your premises for rent before the 30 day notice. Also, under the law you as tenant have to give the landlord reasonable rights to show the premises, which courts hold to mean at reasonable business hours with at least 24 hour notice to the tenant. However, there is no law preventing him from advertising the property for rent before he serves you 30 day notice.
Customer: replied 1 month ago.
I'm not thinking in moving right now however he just put a sign for rent in the balcony without saying nothing to me!!
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply
It is still the landlord's right to advertise the premises for rent at any time, even if you did not give notice. That is not violating any terms of your lease, especially if you are a month to month tenant, because he can wait to give you 30 day notice until he finds a tenant to replace you and not before that.
Customer: replied 1 month ago.
But my lease only ends in July 2018
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
If your lease is NOT month to month, but extends to July, it still is not illegal for him to advertise it for rent, BUT HE CANNOT KICK YOU OUT UNTIL JULY in accordance with your lease. Some landlords perpetually advertise for rentals and make a list of prospective interested tenants and that is not unlawful for him to do. He just cannot terminate your lease before it expires.
Customer: replied 1 month ago.
Am I supposed to let him show the apartment before the lease ends?
Expert:  Law Educator, Esq. replied 1 month ago.
Under reasonable terms and condition you have to allow him to show it. That means with 24 hour notice at reasonable times and not excessive showings (meaning he can't show it every day).
Customer: replied 1 month ago.
Other question
I asked the landlord so many times for my receipts
I have been in this apartment for almost two years and don't have one single receipt
What can I do?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Are you paying him in cash or by check/money order?
Customer: replied 1 month ago.
Last four months in money order all the others cash
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
The money order receipts are your proof. For cash, all you can do is keep a ledger showing date of payment and while he should give you a receipt, legally there is no law mandating he do so.
Customer: replied 1 month ago.
What about the deposit caution
Shouldn't that money be in a bank account?
Because ihave no prove of that from the landlord
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
The money for your deposit should be in an escrow account. That is between you and the landlord and if he does not prove it is then that would be something you have to sue him over for breach of lease.

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