What is reasonable notice to show rental?
Started by sloperaly
over 13 years ago
Posts: 49
Member since: Aug 2007
Discussion about
Can I expect that offering 24 hours advance notice to a tenant when I want to show an apartment is adequate or 'reasonable'? It happens when someone is only in town a short amount of time or of course I'd like to offer more time, but there isn't any hard/fast rule written in the rebny lease and section 15E even states that when they are not present we may 'nevertheless' enter the apartment when either I'm entering (or my representative or the condominium representative for that matter) for a lawful reason or as stipulated in the lease for the purposes of showing the apartment - am I reading this correctly? In other words they just can't say no because they can say no nor can they insist on 48 hours or some greater amount of time?
Why don't you ask the tenant? Most tenants would be reasonable and allow you to show with 24 hours' notice, especially given the rationale that someone is in town for a short time. But as a tenant, I'd prefer you ask and not come with the attitude that I "can't say no" and "can't insist on 48 hours or some greater amount of time." You're the one who has more to lose if the tenant says no, so I wouldn't come with attitude that the lease gives you the right to show with 24 hours' notice when it actually doesn't.
I am paying you rent for the quiet enjoyment of my apartment and have a valid lease which doesn't give you the right to show with 24 hours' notice. I can think of valid reasons why tenants could say no with 24 hours' notice. Maybe they have a sleeping baby during the time you want to show and won't have adequate time to adjust the sleep time. Maybe someone is sick. Maybe I'm doing something person in the apartment at the time you want to show.
Most people would be reasonable and adjust their schedule if they had to. But it's more about the attitude you come with and I'd just ask the tenant rather than assume I have the right.
What a pain in the ass to be a one-off landlord.
I think you should ask. If they have told you that they do otintend to renew, they will be happy to let you show during reasonable. Mon through Friday hours. I have allowed landlords to show with virtually no notice because I keep my home clean and am at work. You may have another reasonable tenat on your hands. Say that you would like totrynfor 24 hours notice but will work with them too ( house guests, etc). Good luck
get it written as a rider into your leases going forward that you as the owner have a right to show the apartment beginning 60 days before the lease expiration, and how.
"I am paying you rent for the quiet enjoyment of my apartment and have a valid lease which doesn't give you the right to show with 24 hours' notice."
So then Goldie what right do you believe the landlord has within the terms of a 'valid lease'? I believe that is the OPs question. The landlord has a right to show the apartment within the last n days (typically 60) of a lease. What notice does the landlord have a 'right' to show the apartment - or none at all???
There should be a clause in the rental lease that addresses this issue.
An appointment was requested a day in advance scheduled for middle of the day when the tenant was not in the apartment- I'm thinking reasonable to many people is 24 hours and the rebny lease agreement states you or your representative can enter when they are not home when reasonable notice is given. The "reasonable' is usually what most people would consider reasonable so I'm polling those who have to do it more
Reasonable gives the tenant at least a day to clean up, put anything away that he or she doesn't want out for some stranger to see. I suppose there also might be a comfort factor regarding who is showing the place - is it a broker that the tenant knows, or the owner, or a total stranger?
I'm tending to agree with 24 hrs- its now under 60 days and we stipulated 60 days specifically as a call out (even though the rebny lease does state the same thing) because it was short term to begin with. The thing is the interpretation of reasonable notice:
ENTRY TO APARTMENT
During reasonable hours and with reasonable notice, except in emergencies, Owner may enter the Apartment for the following reasons:
(A) To erect, use and maintain pipes and conduits in and through the walls and ceilings of the Apartment; to inspect the Apartment and to make any necessary repairs or changes Owner decides are necessary. Your rent will not be reduced because of any of this work, unless required by Law.
(B) To show the Apartment to persons who may wish to become owners or lessees of the entire Building or may be interested in lending money to Owner;
(C) For two months before the end of the Lease, to show the Apartment to persons who wish to rent it;
(D) If during the last month of the Lease You have moved out and removed all or almost all of your property from the Apartment, Owner may enter to make changes, repairs, or redecorations. Your rent will not be reduced for that month and this Lease will not be ended by Owner's entry.
(E) If at any time You are not personally present to permit Owner or Owner's representative to enter the Apartment and entry is necessary or allowed by law or under this lease, Owner or Owner's representatives may nevertheless enter the Apartment. Owner may enter by force in an emergency. Owner will not be responsible to You, unless during this entry, Owner or Owner's representative is negligent or misuses your property.
Matsui - what I am saying is that "reasonable" might usually mean 24 hours to me, although I might have a specific reason to say no for a particular time. And I would have no idea what "reasonable" means to someone else. But I do know that telling a tenant that you have decided that "reasonable" means 24 hours is a bad plan when you need them to say yes. Because if they say no, you are screwed. That's why asking the tenant and explaining why 24 hours is needed is a much better plan.
The last thing a landlord should want is a legal fight over what "reasonable" means and telling a tenant what you've decided with the help of Streeteasy comments is going to move you closer to fight you don't need.