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If my landlord is selling my apartment and an appraiser is…

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If my landlord is...

If my landlord is selling my apartment and an appraiser is supposed to come , if I have paid rent for this month am I aloud to say no ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I have pneumonia

Lawyer's Assistant: What steps have you taken so far?

Pennsylvania

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I’ve asked the realtor to tell them to come another day and she said no

Submitted: 1 month ago.Category: Landlord-Tenant
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3/16/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 10,196
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks so much for your patience. The answer to your question is yes. Generally, a tenant must not unreasonably withhold access by the landlord or the landlord's agents. The landlord must also usually provide 24 hours notice if they or an agent will be entering the property. So long as you have written notice by the landlord that someone will be coming in, then if the landlord comes in anyway, then you won't have any recourse. Without any advanced written notice, you can advise the landlord or their agent that they must provide the notice first and foremost.

I'm very sorry, but the law allows them to do this. If it is highly inconvenient, I would continue working with them on a more reasonable time so you can work on getting better.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
It wasn’t the landlord and the landlord didn’t give me notice it was the realtor
Lawyer: Legal Eagle, Lawyer replied 1 month ago

So, they already came into the home?

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Customer reply replied 1 month ago
I asked them not to because I have pneumonia the lady basically said too bad . When I never said it was okay in the first place
Lawyer: Legal Eagle, Lawyer replied 1 month ago

So, if they came onto the property without proper notice, then that may be an issue.

This appears to be a violation of the implied covenant (promise) of quiet enjoyment. All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation. To help facilitate the situation, you may want to consider just writing a letter detailing the problems and demand that they rectify this situation or you will move off the property and not pay any rent thereafter as allowed by law. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today?

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Customer reply replied 1 month ago
He let them in anyway . After I said no and there wasn’t paper notice it was text message and I don’t even know the persons name I was talking to . I’ve been having to do this since the third month I moved in , my landlord never even told me he was selling the property I found out by the first realtor who just randomly showed up but the landlord has come into my home 3 times without 24 hour notice . Once I woke up with a note on my bathroom door telling me I couldnt use my water with a strange man in my laundry room and my 3 year old ( at the time ) son in his underwear . No one woke me up . The back door was open . 2 months ago I forgot people were coming and I was getting new furniture . Because someone was mad my house was a mess they tried to say I was on drugs and have me thrown out in 10 days with my now 4 year old in the middle of winter
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see what you mean. You could also tell the landlord that if this continues to happen, it'll be a this appears to be a trespass to land. Trespass to land occurs when someone enters onto the land of another. They do not have to intend to enter onto the land, they just have to be on the land of another without authorization. A person is not a trespasser if they were invited onto the land (e.g. houseguest) or if they are contractually obligated to be on the land (e.g. an employee at the corporate office). Otherwise, it’s a trespass. A trespass can even occur if a defendant causes someone or something to enter onto the land as well. The usual measure of damages are either nominal damages (one dollar) if there is no actual harm done to the land or actual damages if there is harm done (e.g. if the ground has been demolished by a vehicle on the land).

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
I ask one time they stay out because 1 my house is a mess and I don’t need another police report because I’m too sick to get up and 2 I’m just sick and throwing up and coughing I don’t want strange people photographing myself and my home . I pay rent I should be aloud to say no .
Customer reply replied 1 month ago
Yeah I’m not a lawyer so does that mean I can do something ? You’re not telling me anything I understand .
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I can understand. Just know that if the intrusions are unreasonable, you can keep them out. I think you need to work with the landlord and explain to them what your legal rights are and to ensure that they understand what's at risk if they don't stop their behavior. I would also recommend just keeping them out as well. Perhaps changing the locks until the landlord agrees to work with you is another option for you, too.

Did you have any other questions for me today at all?

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Customer reply replied 1 month ago
Youre googling facts there’s no way you type that fast .
Customer reply replied 1 month ago
I already did
Customer reply replied 1 month ago
No the fact I can change the locks is actually helpful
Lawyer: Legal Eagle, Lawyer replied 1 month ago

You'll have to excuse me, but I am not Googling facts. I'm providing you the information based on my legal opinion. Because it appears as if you don't understand and because you don't believe the things that I am putting, I must opt out of this discussion and let another expert take over.

Thank you.

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