Renters: How do you prevent the landlord from entering?

[Vic]

Originally posted by: crt1530
You have no right to bar your landlord from entering the premises if they have provided sufficient notice (usually 24 hours) of their intent to enter. You are being unreasonable. If you make a big issue about this, YOU will get in trouble with the cops.

With the cops? No.

The landlord could evict him for breaching the lease if he was being truly unreasonable, but that's it. This is a civil issue, not criminal.

You can, within reason, bar the landlord from entering the premises at certain times, even if the landlord gives appropriate notice. The landlord cannot come and go as they please. All the tenant has to do is provide reasonable accomodation. For example, "Sorry, I can't let you in at 2pm, but does 4:30 work for you?"
The OP has a genuine case here as well because it's not just the property owner who will be allowed inside the premises. The 24 hour notice clause is to allow the owner in for inspection, to perform non-emergency repairs, etc. NOT to show the unit to complete strangers while the tenant isn't there.

 

[manlymatt83]

Originally posted by: waggy
odds are the lease has a provision that says that if you are leaving they have a right to show the apartment.

Most likely

 

[crt1530]

Originally posted by: Vic

Originally posted by: crt1530
You have no right to bar your landlord from entering the premises if they have provided sufficient notice (usually 24 hours) of their intent to enter. You are being unreasonable. If you make a big issue about this, YOU will get in trouble with the cops.

With the cops? No.

The landlord could evict him for breaching the lease if he was being truly unreasonable, but that's it. This is a civil issue, not criminal.

You can, within reason, bar the landlord from entering the premises at certain times, even if the landlord gives appropriate notice. The landlord cannot come and go as they please. All the tenant has to do is provide reasonable accomodation. For example, "Sorry, I can't let you in at 2pm, but does 4:30 work for you?"
The OP has a genuine case here as well because it's not just the property owner who will be allowed inside the premises. The 24 hour notice clause is to allow the owner in for inspection, to perform non-emergency repairs, etc. NOT to show the unit to complete strangers while the tenant isn't there.

People already posted excerpts from NY State law that grants landlords access to show units to prospective tenants. Unless they're trying to enter at strange hours (late at night, the buttcrack of dawn), they are not obligated to wait until the tenant is home to enter (provided they gave sufficient notice). Housing law varies from state to state. Whatever is written on the law books and in your lease is what matters.

When I stated mentioned the cops getting involved if he made it a big issue, I was talking from experience based on how far some morons will go regarding inane housing disputes. I used to manage properties and had tenants call the cops on me because I entered while they weren't home. The cops gave them a nice crash course on housing law and gave me their card in case the tenants continued to be morons.

 

[fire400]

dude just schedule a freakin' appointment and tell 'em how you feel. you're the one paying for the place. most likely if you tell 'em that he'll understand.

don't be a dink and try to call the cops or anything. that would make things look pretty funny.

 

[alkemyst]

Originally posted by: crt1530
OK. Against my better judgment, I'm going to throw you morons a bone. Yes, you are morons because you are getting indignant about basic crap that is spelled out in plain English in every freaking lease/rental agreement you've ever signed.

That being said (you're morons), my state grants a tenant a free month of rent if the landlord enters the rental unit without prior notice. I am not saying that this applies to J0hnny. I'm not going to go find the housing law for New York state for him. I'd recommend that he stops being a moron and go educate himself on the laws that he is obligated to live by.

Read your lease. Read it again. Read all legal statutes that pertain to housing law. This is your life. Be informed. Morons.

Your law isn't that plain as day and night:

[Oregon] Does my landlord have a right to enter the rented space?

Yes, at reasonable times. But the landlord must have a reasonable purpose, such as to inspect the rental unit or show it to a possible buyer, and must give you a 24 hour verbal or written notice before entering, unless there is an emergency or if you have agreed to let the landlord in without notice, or if you have made a written request for repair within 7 days before the entry. The landlord may give the notice to you or, if it says so in your written rental agreement, the landlord can mail the notice and securely fasten a copy of the notice to your door. (The date on the postmark of the mailed notice is the date that you are officially 'served.')

You have the right to deny entry to the landlord for good reasons; you must tell the landlord the reasons before the time the landlord intends to enter. Tenants can be evicted for unreasonably denying entry.

The landlord must also give you notice before entering the yard of a single-family residence, or any other space rented to one tenant. But the landlord may enter the yard to do yard maintenance without giving you advance notice if the written rental agreement requires the landlord to do the work and if the work is done at reasonable times. (The landlord is also allowed to come on the property to give you a notice or post one on the door.) (ORS 90.322)

If you have requested repairs in writing, the landlord or the landlord's repair person can enter your home without notice or consent, if the entry is to make the repair and is at a reasonable time. The landlord only has this right for 7 days after the written repair request. The tenant can tell the landlord in the written notice what times the entry is allowed.

The landlord and tenant may agree in writing that if the property is for sale, the landlord may enter at reasonable times, without giving notice, to show the premises to prospective buyers. Both the landlord and tenant must sign the agreement.

If a landlord enters the property without following these rules, a tenant can sue and ask for damages caused by the entry or one month's rent (one week's rent for weekly renters), whichever is more. (See Time Limit Warning at the beginning of this section.) (ORS 90.322)

Most of these can be hunted down through HUD's website.

 

[waggy]

Originally posted by: alkemyst

Originally posted by: crt1530
OK. Against my better judgment, I'm going to throw you morons a bone. Yes, you are morons because you are getting indignant about basic crap that is spelled out in plain English in every freaking lease/rental agreement you've ever signed.

That being said (you're morons), my state grants a tenant a free month of rent if the landlord enters the rental unit without prior notice. I am not saying that this applies to J0hnny. I'm not going to go find the housing law for New York state for him. I'd recommend that he stops being a moron and go educate himself on the laws that he is obligated to live by.

Read your lease. Read it again. Read all legal statutes that pertain to housing law. This is your life. Be informed. Morons.

Your law isn't that plain as day and night:

[Oregon] Does my landlord have a right to enter the rented space?

Yes, at reasonable times. But the landlord must have a reasonable purpose, such as to inspect the rental unit or show it to a possible buyer, and must give you a 24 hour verbal or written notice before entering, unless there is an emergency or if you have agreed to let the landlord in without notice, or if you have made a written request for repair within 7 days before the entry. The landlord may give the notice to you or, if it says so in your written rental agreement, the landlord can mail the notice and securely fasten a copy of the notice to your door. (The date on the postmark of the mailed notice is the date that you are officially 'served.')

You have the right to deny entry to the landlord for good reasons; you must tell the landlord the reasons before the time the landlord intends to enter. Tenants can be evicted for unreasonably denying entry.

The landlord must also give you notice before entering the yard of a single-family residence, or any other space rented to one tenant. But the landlord may enter the yard to do yard maintenance without giving you advance notice if the written rental agreement requires the landlord to do the work and if the work is done at reasonable times. (The landlord is also allowed to come on the property to give you a notice or post one on the door.) (ORS 90.322)

If you have requested repairs in writing, the landlord or the landlord's repair person can enter your home without notice or consent, if the entry is to make the repair and is at a reasonable time. The landlord only has this right for 7 days after the written repair request. The tenant can tell the landlord in the written notice what times the entry is allowed.

The landlord and tenant may agree in writing that if the property is for sale, the landlord may enter at reasonable times, without giving notice, to show the premises to prospective buyers. Both the landlord and tenant must sign the agreement.

If a landlord enters the property without following these rules, a tenant can sue and ask for damages caused by the entry or one month's rent (one week's rent for weekly renters), whichever is more. (See Time Limit Warning at the beginning of this section.) (ORS 90.322)

Most of these can be hunted down through HUD's website.

uh ain't that what he said?

 

[crt1530]

Originally posted by: alkemyst

Originally posted by: crt1530
OK. Against my better judgment, I'm going to throw you morons a bone. Yes, you are morons because you are getting indignant about basic crap that is spelled out in plain English in every freaking lease/rental agreement you've ever signed.

That being said (you're morons), my state grants a tenant a free month of rent if the landlord enters the rental unit without prior notice. I am not saying that this applies to J0hnny. I'm not going to go find the housing law for New York state for him. I'd recommend that he stops being a moron and go educate himself on the laws that he is obligated to live by.

Read your lease. Read it again. Read all legal statutes that pertain to housing law. This is your life. Be informed. Morons.

Your law isn't that plain as day and night:

[Oregon] Does my landlord have a right to enter the rented space?

Yes, at reasonable times. But the landlord must have a reasonable purpose, such as to inspect the rental unit or show it to a possible buyer, and must give you a 24 hour verbal or written notice before entering, unless there is an emergency or if you have agreed to let the landlord in without notice, or if you have made a written request for repair within 7 days before the entry. The landlord may give the notice to you or, if it says so in your written rental agreement, the landlord can mail the notice and securely fasten a copy of the notice to your door. (The date on the postmark of the mailed notice is the date that you are officially 'served.')

You have the right to deny entry to the landlord for good reasons; you must tell the landlord the reasons before the time the landlord intends to enter. Tenants can be evicted for unreasonably denying entry.

The landlord must also give you notice before entering the yard of a single-family residence, or any other space rented to one tenant. But the landlord may enter the yard to do yard maintenance without giving you advance notice if the written rental agreement requires the landlord to do the work and if the work is done at reasonable times. (The landlord is also allowed to come on the property to give you a notice or post one on the door.) (ORS 90.322)

If you have requested repairs in writing, the landlord or the landlord's repair person can enter your home without notice or consent, if the entry is to make the repair and is at a reasonable time. The landlord only has this right for 7 days after the written repair request. The tenant can tell the landlord in the written notice what times the entry is allowed.

The landlord and tenant may agree in writing that if the property is for sale, the landlord may enter at reasonable times, without giving notice, to show the premises to prospective buyers. Both the landlord and tenant must sign the agreement.

If a landlord enters the property without following these rules, a tenant can sue and ask for damages caused by the entry or one month's rent (one week's rent for weekly renters), whichever is more. (See Time Limit Warning at the beginning of this section.) (ORS 90.322)

Most of these can be hunted down through HUD's website.

I know the housing law in my state, thanks. The tenant not being there is not a sufficient "good reason" for denying entry.

 

[crt1530]

Originally posted by: waggy
uh ain't that what he said?

Some people get off on correcting others even when there's nothing to correct.

 

[Vic]

Originally posted by: crt1530
People already posted excerpts from NY State law that grants landlords access to show units to prospective tenants. Unless they're trying to enter at strange hours (late at night, the buttcrack of dawn), they are not obligated to wait until the tenant is home to enter (provided they gave sufficient notice). Housing law varies from state to state. Whatever is written on the law books and in your lease is what matters.

When I stated mentioned the cops getting involved if he made it a big issue, I was talking from experience based on how far some morons will go regarding inane housing disputes. I used to manage properties and had tenants call the cops on me because I entered while they weren't home. The cops gave them a nice crash course on housing law and gave me their card in case the tenants continued to be morons.

Hey, no big deal. If the landlord insists on showing the property when the tenant is not there and wants to be a real prick about it, then the tenant should just insist on discovering that some items belonging to the tenant were stolen from the premises during that time.

I'm not suggesting that anyone should actually do that, I'm just point out that being unreasonable works both ways. If the landlord insists on letting strangers in unsupervised by the tenant and surrounded by the tenant's possessions, they leave open their fly to potential liability, which can be easily exposed. This is why I always suggest that people negotiate in good faith and true reasonableness, rather than from high horses.

 

[alkemyst]

Originally posted by: crt1530
I know the housing law in my state, thanks. The tenant not being there is not a sufficient "good reason" for denying entry.

Right....but the rest of the bunch probably don't and you are making it sound as if a LL enters you get a month's free rent.

 

[alkemyst]

Originally posted by: crt1530

Originally posted by: waggy
uh ain't that what he said?

Some people get off on embellishing the truth.

fixed

 

[clamum]

Tell him you're trying to get some poon and need the privacy.

 

[crt1530]

Originally posted by: alkemyst

Originally posted by: crt1530
I know the housing law in my state, thanks. The tenant not being there is not a sufficient "good reason" for denying entry.

Right....but the rest of the bunch probably don't and you are making it sound as if a LL enters you get a month's free rent.

I've been in small claims court and seen landlords fined a month's rent for entering without prior notice. In MY state, if a landlord enters a residential unit without sufficient notice, the tenant is entitled to a free month of rent (but they'll generally have to go to small claims to get it). My statement said "I am not saying this applies to J0hnny" and I further instructed EVERYONE to read their own state laws and rental agreements.

 

[crt1530]

Originally posted by: Vic

Originally posted by: crt1530
People already posted excerpts from NY State law that grants landlords access to show units to prospective tenants. Unless they're trying to enter at strange hours (late at night, the buttcrack of dawn), they are not obligated to wait until the tenant is home to enter (provided they gave sufficient notice). Housing law varies from state to state. Whatever is written on the law books and in your lease is what matters.

When I stated mentioned the cops getting involved if he made it a big issue, I was talking from experience based on how far some morons will go regarding inane housing disputes. I used to manage properties and had tenants call the cops on me because I entered while they weren't home. The cops gave them a nice crash course on housing law and gave me their card in case the tenants continued to be morons.

Hey, no big deal. If the landlord insists on showing the property when the tenant is not there and wants to be a real prick about it, then the tenant should just insist on discovering that some items belonging to the tenant were stolen from the premises during that time.

I'm not suggesting that anyone should actually do that, I'm just point out that being unreasonable works both ways. If the landlord insists on letting strangers in unsupervised by the tenant and surrounded by the tenant's possessions, they leave open their fly to potential liability, which can be easily exposed. This is why I always suggest that people negotiate in good faith and true reasonableness, rather than from high horses.

Landlords and property managers are just people too. It's not reasonable to tell them that they have to wait to come and show a unit until the tenant gets home at 7:30PM. Landlords/property managers have lives too. There's no reason they should have to blow a whole night because a tenant is paranoid about people entering their rental unit during the day while they are at work. When I was doing property management, I would provide notice of the time and reason I intended to enter the unit and would leave a note on the entry after I left. I only ever had one tenant who made an issue out of entry.

There are landlords who are jerks. There are tenants who are jerks. From the OP's own description of the situation, HE is the one being an unreasonable jerk.

 

[Tiamat]

here in boston when I was being showed some apartments, the real estate agent called up the apartments 5 minutes in advanced, and thats it.

 

[alkemyst]

Originally posted by: crt1530
I've been in small claims court and seen landlords fined a month's rent for entering without prior notice. In MY state, if a landlord enters a residential unit without sufficient notice, the tenant is entitled to a free month of rent (but they'll generally have to go to small claims to get it). My statement said "I am not saying this applies to J0hnny" and I further instructed EVERYONE to read their own state laws and rental agreements.

I posted the law for your state. Like I said before, it's not as basic as you were implying.

There is no need to validate your laws with personal experience.

 

[Phokus]

This should be the OP's shopping list:

1) Several blow up sex dolls (MALE sex dolls )
2) Whips, chains, leather with spikes
3) Gay porn posters
4) get the goatse picture and blow it up at kinkos in all it's full color glory (20 copies)
5) buy some condoms, unwrap it, and throw them all over the place

 

[sao123]

Originally posted by: Vic

Originally posted by: crt1530
You have no right to bar your landlord from entering the premises if they have provided sufficient notice (usually 24 hours) of their intent to enter. You are being unreasonable. If you make a big issue about this, YOU will get in trouble with the cops.

With the cops? No.

The landlord could evict him for breaching the lease if he was being truly unreasonable, but that's it. This is a civil issue, not criminal.

You can, within reason, bar the landlord from entering the premises at certain times, even if the landlord gives appropriate notice. The landlord cannot come and go as they please. All the tenant has to do is provide reasonable accomodation. For example, "Sorry, I can't let you in at 2pm, but does 4:30 work for you?"
The OP has a genuine case here as well because it's not just the property owner who will be allowed inside the premises. The 24 hour notice clause is to allow the owner in for inspection, to perform non-emergency repairs, etc. NOT to show the unit to complete strangers while the tenant isn't there.

Au Contraire...
both myself and sirjonk posted the NY law...

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent.