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#1 |
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Join Date: Dec 2004
Location: Paper Street
Posts: 6,158
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![]() As I get older, I find I get more surly and hardheaded about things like courtesy, respect, taking my word for what it is etc. This is a relatively new trend, and I often find I can't help myself but get riled up and try to set shit right rather than let it go. It feels like it should be going the other way, but what can you do?
In this particular instance, we put in our 30 day notice about 6 days ago. They give us a 25 hour notice that they are going to have someone look at the apartment tomorrow. Because we have several valuables strewn about yet and I don't want some stranger making a shopping list out of, I called them and told them I would like to have them wait about a week so we can get some of that stuff into our storage unit before they show the apartment. Now, we've paid our rent on time, every month for 3 years. Never had anyone complain about us, and rarely complained about others. We have been dream tenants from the start. All we have asked is for 2 things; 1.) do not enter our apartment without someone being present, which they have done repeatedly against my wishes (to fix non-emergency things). 2.) and most recently, complained about the white trash neighbors above us who fit 3 kids and 3 adults into a 3 bedroom apartment. Nothing of course was done about this. By no means is this a shit complex. These are highly-sought apartments tucked away into a forest reserve and the rent is pretty high in comparison to anything within about 20 miles. The gal tells me no, they have the right to show the apartment and by law they only have to give us a 24 hour notice. I said I understand your 'right' but I would appreciate the courtesy of some advanced notice so we can coordinate getting most of our nice stuff out first. So, I told her if she wants to get technical about it, the lease states that I cannot "unreasonably deny" them access to show the apartment, and that it is reasonable for me to deny them access because I would like to get our high-ticket items out of plain site before they show the place. I told her if they want to call the police and bring it in front of the judge, they are welcome - I understand the law but I am not being unreasonable as far as I am concerned. What do you think?
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#2 |
Confirmed User
Join Date: Jan 2005
Posts: 1,558
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I think they are legally in the clear with their request, but you can probably get what you want with your judge threat. Even if you loose it will take more than a week to get done.
In the end though, they'll be the winnner because you have to sue them if they take an unreasonable amount out of your security deposit. The unfortunate thing is they have the upper hand as the owner and you as the tenant can not do much about it at this point with only 30 days left in your lease.
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#3 |
working on my tan
Industry Role:
Join Date: Mar 2005
Location: Florida/Kentucky
Posts: 39,151
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I think their sales/rental people rely on commission for some of their income. If the contract says X hour notice to show a potential resident then that's just what they will do. Wouldn't you?
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#4 |
Confirmed Asshole
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Join Date: Feb 2003
Location: Half way between sobriety and fubar.
Posts: 12,722
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It comes down to what the lease says. If all they have to do is give you 24hrs notice before showing it, then you have to let them in unless it's some ungodly hour(not an emergency) Have a family or friend there to watch it for you if you are affraid of stuff getting stolen and can't be there.
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#5 |
Let's do some business!
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Join Date: Sep 2004
Location: Austin, TX
Posts: 31,328
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They are legally in the clear on both 1) and 2), this is apartment living.
If I was your landlord and I gave you the 24 hour notice of inspection (which is typically required) and you asked me to wait, I would probably be suspicious unless I knew you very well or if I only had five tenants and it wasn't intrusive of my time. Otherwise, if you have damaged the apartment, as the landlord I need to start making preparations to rent out your unit. I need to know what to start expecting.
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#6 |
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Join Date: Dec 2004
Location: Paper Street
Posts: 6,158
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Yeah I was worried I'd get the simple "it's what the lease says" etc. - I understand they are within their legal limit; I'm not seeking any clarification there.
It's an issue of reasonable versus unreasonable. Am I right to be angry that their response to my request for some courtesy is to throw legality at me when in reality I feel I have a REASONABLE basis for denying them entry?
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#7 |
HOMICIDAL TROLL KILLER
Industry Role:
Join Date: Dec 2004
Location: Sunnybrook Institution for the Criminally Insane
Posts: 20,419
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judging by the size of your sig, you have a problem following rules...
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#8 |
The People's Post
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Join Date: Dec 2008
Location: invisible 7-11
Posts: 65,384
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i think you are risking your deposit.
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#9 |
Registered User
Industry Role:
Join Date: Feb 2006
Posts: 22,511
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expect police to be there with bats and tazers in 24 hours. nice job.
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#10 |
Let slip the dogs of war.
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Join Date: Jan 2003
Location: Bermuda
Posts: 17,263
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Let's be clear for a second on what constitutes "high value items". If you have Rembrant's hanging on the walls and uncut gems laying around in silver serving dishes? If that's the case, then I guess you are being reasonable.
If on the other hand you're talking about a big screen television, a stereo, some computers and what not, then you're just being paranoid. If you live in a nice(r) apartment, it's already reasonable for anyone to expect those sorts of items will be around so you're not giving away any really valuable information anyways.
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#11 | |
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Join Date: Dec 2004
Location: Paper Street
Posts: 6,158
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Quote:
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#12 | |
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Join Date: Dec 2004
Location: Paper Street
Posts: 6,158
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Quote:
But - my office is in my home. I cannot begin to describe to you the magnitude of pain that would be in my ass if my work machines were stolen. Anyway - you make a good point. I'm probably just being over the top. Thanks for the perspective.
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#13 |
I am Amazing Content!
Industry Role:
Join Date: Feb 2004
Posts: 39,829
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hurray for socialistic laws that give me at least 2 months and forbids the landlord to enter without my consent and without me being present. and if that means they can only show the apartment after I moved out then it's their problem - not mine.
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#14 | |
Confirmed User
Join Date: Apr 2007
Location: in my dreams which haunt yours
Posts: 227
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Quote:
*lifts tablecloth*
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#15 |
I need a beer
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Join Date: Jun 2002
Location: ♠ Toiletville ♠
Posts: 133,943
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I would put your valuables in storage now and I think the landlord isn't going to allow people to haul away your shit.seems like they have the right
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#16 |
It's coming look busy
Join Date: Mar 2001
Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn".
Posts: 35,299
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I typically work with tenets. How you came off on here though would lead me to think it was even a tad more harsh in reality. That said as a landlord it would sort of feel like you are implying that I am either not to be trusted and am a potential thief, or that I am so damn stupid that I will give anyone a walk through and not pay attention to them every second. Even worse like I would just give them the key and say let me know when your done and what you think to the new people.
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#17 | |
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Join Date: Dec 2004
Location: Paper Street
Posts: 6,158
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Quote:
The more I think about it, the more justified it seems. Really who in this world can you trust anymore, you know?
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#18 | |
It's coming look busy
Join Date: Mar 2001
Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn".
Posts: 35,299
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Quote:
I do have issue with respect, understanding, and well those lost neighborhood style feelings being phased out. Hell I get sort of a sick to my stomach feeling when I seen say some old person struggling with something bulky or heavy and a bunch of fit teens to adults just ignore it and pass them buy.
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#19 |
Icq: 14420613
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Join Date: Mar 2001
Location: chicago
Posts: 15,432
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yes your being an asshole in this case.
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#20 |
Registered User
Join Date: Oct 2009
Posts: 28
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The issue goes both ways.
Since the law (and probably the rental agreement) specifies 24 hours for such a situation, they were being perfectly reasonable in assuming that they would be in within a day to put the unit back on the market. The contract specified how soon they should expect to prep/show the unit, and they scheduled accordingly. From their perspective, the schedule both parties were counting on is now pushed back because of some contingency they were not obligated to accept. If the realtor/manager only needed pictures to post, that is a minimally intrusive request that must be done immediately, to avoid losing out on a replacement tenant, given how long apartments can sit vacant in this market. On the other hand, the manager should have tried to be a bit more flexible, even if it wasn't her obligation. Valuables should be treated with respect, even if the contract gives them the right to do otherwise by making entry. This is partly a business decision - if you owned a complex, and you were in the process of moving a tenant out, would you want their last impression of your complex to be a bad one, especially when reviews for everything are routinely posted online? A bit of flexibility here is not just nice - it is good business. I've done the apartment experience before, and one observation I made was that each party was too quick to engage in adversarial behavior. In this situation, you wanted to keep them out a long while, and they wanted in as soon as possible. The ideal outcome would have been to remove that adversarial atmosphere, and try to work out a mutually beneficial time, on the understanding that both parties have something to benefit if the inspection is done as soon as possible, but without causing risks. As for keeping things safe, when I lived in an apartment, I always would reinforce my office door in a clandestine way, then change the locks with management's approval. After they accepted the new key, I would then swap out the core of the office lock so that my key would open both the unit and the office, but that their key would open only the front door. In the event of an unscheduled knock at the door, it would take only about 10 seconds to swap back again. Although I was in technical violation, since there would never be a need for an unscheduled visit to my office, their lack of ability to ever discover the swap made the requirement moot - they could only ever find out if they were trespassing without notice in the first place. If you have high value items you need out ASAP, look into some local storage companies. Some chains will run $1 first month specials with no commitment. For $1 plus the cost of gas, you could get certain high value items out of there until you are ready to move. |
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#21 | |
Registered User
Join Date: Oct 2009
Posts: 28
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Quote:
I might trust you to be my landlord, but do I trust your realtor, your handyman, your insurance agent, and anyone else to whom you might give a key? Am I supposed to trust anyone that might access that key without your knowledge? Am I supposed to violate binding NDAs requiring secure storage for some issue of "trust" that doesn't serve any practical purpose? Maybe I'm just banging my gf when you let yourself in erroneously, having thought that you gave me notice. That has nothing to do with trust either. |
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#22 | |
It's coming look busy
Join Date: Mar 2001
Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn".
Posts: 35,299
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Quote:
For one nobody and I do repeat nobody gets to be in a tenets place when either I/wife/ or tenet is present the entire time. Only exception I suppose would be if the fire department or some other emergency responders had to enter. Your NDA's are your issue. You have 24 hours, it is not that hard to put away things laying about that you do not want others to see. Nobody is also going to just enter your dwelling without the full notice, unless it is an emergency situation. If you decide to start banging your GF when you know your landlord has given you written notice that they will be coming by between noon and three. Then again that is your own damn issue. This is not being nervous about keys either, this is about not living up to your signed agreement. End of story.
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#23 |
Confirmed User
Industry Role:
Join Date: Aug 2006
Posts: 5,594
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I have gone through exactly the same thing recently, having bought a house a few months ago, and was waiting to settle.
I said the same thing to them. In Australia, you only legally have to allow access during the last 14 days of your stay. And they have to be "reasonable". What they and you define as reasonable are often at 2 different ends of the spectrum. Read your tenancy agreement, and make sure you're there when gumbies look around. |
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#24 | ||||
Registered User
Join Date: Oct 2009
Posts: 28
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I'd call it a product of necessity and experience.
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It is a technical violation, but if the landlord could never discover that fact without committing a violation of his own, then I fail to see how it makes any tangible difference. |
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#25 |
It's coming look busy
Join Date: Mar 2001
Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn".
Posts: 35,299
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Good luck to you and your future tenancies. I hope you own.
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#26 |
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Join Date: Dec 2004
Location: Paper Street
Posts: 6,158
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Shit planning on it!
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#27 |
It's coming look busy
Join Date: Mar 2001
Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn".
Posts: 35,299
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Wasnt directed at you, but yeah hope you also can own soon one day.
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