Legality of Appartment showing, while I still reside (Read 3235 times)

monster796

Legality of Appartment showing, while I still reside
« on: October 01, 2015, 09:21:06 AM »
Hello all,

I leave the Appartment I am in now mid November, I submitted my intent to vacate and my landlord said to inform them after mid October so they can schedule showings, while I am still here.... Is this legal, when I looked at the Appartment years ago, it was empty and ready to move in, shouldn't they do these showings after I move out? Thanks guys.

Drakiir84

Re: Legality of Appartment showing, while I still reside
« Reply #1 on: October 01, 2015, 10:50:13 AM »
You have no obligation to let them show your apartment while you and your stuff still occupy it.  Read the lease agreement for confirmation.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

Tom_G

Re: Legality of Appartment showing, while I still reside
« Reply #2 on: October 01, 2015, 11:08:14 AM »
I think that the leases usually say the landlord has the right to enter the property with fair warning, usually 48 hours.  So, yeah.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

mauidog

Re: Legality of Appartment showing, while I still reside
« Reply #3 on: October 01, 2015, 11:51:36 AM »
I think this spells it out pretty well...

Quote
     [§521-53]  Access.  (a)  The tenant shall not unreasonably withhold the tenant's consent to the landlord to enter into the dwelling unit in order to
inspect the premises;
make necessary or agreed repairs, decorations, alterations, or improvements;
supply services as agreed;
or exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants.

     (b)  The landlord shall not abuse this right of access nor use it to harass the tenant.  Except in case of emergency or where impracticable to do so,
the landlord shall give the tenant at least two days notice of the landlord's intent to enter and shall enter only during reasonable hours.

     (c)  The landlord shall have no other right of entry, except by court order, unless the tenant appears to have abandoned the premises, or as permitted
by section 521-70(b). [L 1972, c 132, pt of §1; gen ch 1985]

http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0053.htm
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

Inspector

Re: Legality of Appartment showing, while I still reside
« Reply #4 on: October 01, 2015, 11:54:54 AM »
I think this spells it out pretty well...

http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0053.htm
And this is only if there is no lease agreement modifying the terms. Any lease agreement in writing and signed by both parties can modify this in any way. For instance, 24 hour notice instead of 48 hour notice, etc. So if you have a written agreement, I would suggest reading it and abiding by the terms.
SCIENCE THAT CAN’T BE QUESTIONED IS PROPAGANDA!!!

mauidog

Re: Legality of Appartment showing, while I still reside
« Reply #5 on: October 01, 2015, 12:11:25 PM »
And this is only if there is no lease agreement modifying the terms. Any lease agreement in writing and signed by both parties can modify this in any way. For instance, 24 hour notice instead of 48 hour notice, etc. So if you have a written agreement, I would suggest reading it and abiding by the terms.

That's good advice.

The OP asked "is this legal?" referring to the landlord showing the unit while a tenant still lives there.  The answer according to the reference I found says it is legal with limitations on the landlord to give proper notice and only during reasonable hours.

If you work, and the apartment is vacant during  most of the day, I would either take time off to show up during scheduled showings, or have another relative or friend be present.  Hopefully the landlord is honest, but I prefer action over hope! :)

The lease agreement might alter the details of notice and times the landlord can show the place, but the law says you have to grant access for showing the unit to new tenants. 
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

Tom_G

Re: Legality of Appartment showing, while I still reside
« Reply #6 on: October 01, 2015, 02:31:17 PM »
Years back, the house we're currently renting was for sale.  The realtors informed us of blanket dates/times that the then-landlords approved.  They then gave us consent waivers to sign, basically saying that we absolved them of any responsibility for missing or damaged property.  We refused to sign said waivers.  They protested, claiming they had legal right.  Still we refused.  They then asked us to be present during the posted hours, so we could ensure the safety of our stuff.  We again refused, noting that we both worked for a living and could not be expected to put our jobs on hold. 

In the end, they sucked it up.  It seemed they became pretty selective about showing the property; there was only evidence of visitation on three days (we rigged a couple of tells on the doors so we would know.) 

Someone, I STRONGLY suspect it was one of the realtors, used out ladder to climb up in the garage and remove the screw-in light sensor we had.  Other than that, we didn't have any issues.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

eyeeatingfish

Re: Legality of Appartment showing, while I still reside
« Reply #7 on: October 02, 2015, 12:32:01 AM »
And this is only if there is no lease agreement modifying the terms. Any lease agreement in writing and signed by both parties can modify this in any way. For instance, 24 hour notice instead of 48 hour notice, etc. So if you have a written agreement, I would suggest reading it and abiding by the terms.

Be careful of that though. Not everything can simply be amended by a lease agreement. The landlord code provides for certain minimums, and those cannot be violated even by lease agreement. I don't know which ones might be subject to a lease agreement but my understanding is that certain ones cannot be waived even by agreement.