Can my landlord show my apartment to people if I haven't given 30 days notice to move?

Question

My husband and I have been thinking of moving lately and we ran into our landlord at Rite Aid where we let slip that we were thinking of moving December 1. That's more than 2 months away. We have not given 30 written notice. Now suddenly our landlord is posting on apartment rental places that our apartment in available and she's scheduled it to be shown to MULITPLE people this Wednesday and then on Saturday. We haven't even given notice to move out! What are my rights? Can she do this? I know once we have commited to moving out in paper she can but this just seems so premature and the thought of having people tramp around my apartment 2-4 nights a week for the next 2 months really makes me mad. :( I should have just kept my big fat mouth shut. And what if something comes up before November 1 (when we will be officially giving our 30 day notice) and we decide not to move?

ps. I live in New Jersey.

Answer 1

No. That is breaking and entering. You have renters rights. He is jumping the gun.

Answer 2

Try this website. I pulled it up on a search, haven't gone through it, but there could be an answer there.

http://www.hud.gov/local/nj/renting/tenantrights.cfm

As far as I know (I am not a lawyer) I think they must give you 24 or 48 hours notice before they enter your apartment. The fact that you haven't given them written notice to vacate also could prevent them from showing your apartment. Check out the website and look for a search funtion to try and locate your specific problem. Good luck.

Also, maybe next time you see your landlord or manager, let it slip that you will be staying. Then when your ready, give your 30 day notice. :-D

Answer 3

I've been on both sides of this situation. Your landlady must, by law, respect your privacy and there are probably "renters rights" laws in New Jersey which give specific information on how much notice you are entitled to before the place can be shown to other prospective renters. As a landlady, I've always agreed to provide 24 hours notice. Perhaps you can talk with your landlady and request that she show the place only once a week, with 24 hour notice. Or, perhaps you can agree to have the place shown only in sunday afternoons. You can make plans around that schedule.

Answer 4

Well, your landlord's entry into your apartment has to be by notice, the periodicity of which varies by state, usually 24-48 hours unless its an emergency. You need to check and see what your rights are - especially since you haven't given official notice - by the way, 'official notice requirements vary by state also. Call your local housing authority and ask them about your rights, most have a pamplet called something like - landlord/tenant rights. Good luck.

Answer 5

heck, i'd stay put in place just to see the look on her face when she has to tell the new tennant there's no apartment!

you should check out your renter's agreement on what the rules about showing your apartment are. i think most places have to give you a 24 hr notice before managers are allowed to enter without your permission.

when you know there's to be a showing, leave the toilet full of little brown "packages" (lid up, of course), porn scattered about, and post notes on the calenders saying something like "orgy with apartments 3c, 2d, 4g," and "call exterminator about weekly service."

you could also just make a giant poster saying "no 30 day notice has been given please see the manager for details" and hang it where it can be seen the second you walk in the door. it might weird out any prospective renters if they think the manager is a weasel.

Answer 6

No, until you give your formal written notice of intent to quit, the landlord cannot show the apartment to prospective tenants.

Just tell your landlord politely that you haven't given notice yet and any viewing now would be extremely premature. Then just tell her that it won't be possible for her to show the unit yet.

Even once you've given notice she should hold off on showing the unit until you've moved. She might have a legal right to show it then, but you might want to explain to her that it is rather messy due to your pending move and you wouldn't want a prosepctive tenant to be turned off by the mess.

I used to be a landlord and wouldn't think of showing a property until it was vacant and I had made it ready for immediate move-in.

Answer 7

You shouldn't have left her know. She probably can, depends on the state and your lease. But it is her propriety and she has the right to lease it to whoever she wants.

If you changed your mind now she would have the option not to renew your lease if that is what she wants unless there is a specific renewal guarantee. I highly doubt there is because that is how a landlord gets rid of tenants they don't want. So if she found someone to take it the day after you leave, you are out of luck.

By telling her, you pretty much already made the decision.

Answer 8

I am a Parlalegal and by law she can enter the apartment at anytime with or without notice and of course that sucks, becuase I had a situation with my cousin sleeping and two men walked in and she awoke knowing there were men in her house she screamed and the guys said landlord said to fix ??? this and they have the right to do that and I think every tenant needs to make it a law not to enter your apartment without your permission I did all the research I can and this is surely LEGAL, I say girl move out.

Answer 9

Not in NC it an invasion of your privacy. I am a landlord and believe me Tenants have much more rights that the landlord. You had better let her know that you were just thinking of moving and had not made up your mind yet. Your not required to let any uninvited guest in as long as you pay rent there you.

Answer 10

You might want to take a look at your rental agreement. Anyone who rents from me signs an agreement, which includes (among other things), that I have the right to show the apartment to prospective tennants. I usually try and do so without being a pain in the butt to a current tennant, but there are times when I need to show that apartment to someone who happens to be here right now... I call first, then knock on the door... If I've got a vacancy coming up in three months, and I've got a prospective tennant who wants to rent from me three months from now, and wants to sign an agreement today, hell yes... I'm going to show that apartment to him.

Answer 11

See a lawyer who specializes in Tenant Rights.

In Texas, she'd be in violation.

Move on this fast. Post a sign on the outside of your apartment door in the meantime with something to the effect that anyone who enters your apartment without your WRITTEN permission will be charged with criminal tresspassing.

Good luck. See a lawyer TODAY.