Finally, after 2 years of grad school I am getting the fuck out of here. Being the good tenant that I am I gave the standard 3 month termination of lease notice. Less than 24 hours later my building super is banging on my door demanding that I allow strangers to traipse through my apartment.
Now, I UNDERSTAND that they are not required to give me 24 hours of notice when showing the apartment, nor do they necessarily need my “permission” but they give me ZERO notice and show up at all hours of the day! It has happened 3 times in the past week despite my requesting a phone call or some notification so I can at least tidy the place up and head to the coffee shop around the corner.
Does anyone know if there is any recourse I can take regarding this? I’ve been on the tenancy website and all it says is that they can show the apartment at “a reasonable hour”. GAH! —Just a quick heads up will do
This article appears in Jun 3-9, 2010.
Let the place become a pig sty. That’s what we did to our last place when the landlord started showing up unexpectedly. Granted, we didn’t let it get too bad, but when they came in, the place didn’t smell like clover, but it did have the smell of old farts and onion.
1 – Contact the building owners and complain. Maybe they won’t give a shit. Maybe they will.
2 – Actually call the tenancy board directly to see what they can suggest.
3 – Completely agree with Dr. Fever. I’d even go one step further and don’t answer your door (yes, I know he has a key and would probably come in anyway). If you aren’t too modest, I’d totally be in your underwear or something. Leave vibrators/sex paraphernalia lying around. If you’re REALLY not modest pretend you’re having (very loud) sex in your room. Hell. Why pretend?! Heh heh.
I thought they required to give you advanced notice…. at least for the initial notification that they’re going to start showing the place…
unless that’s just a courtesy I’ve been afforded by my landlord.
Leave a dead lobster in the toilet tank.
Actually, I just took a quick review of the Act and they need to give 24 hours of entry in cases of not showing the apartment. In all other cases, it would need to be in a “reasonable hour”. As to what that is, well, that’s an open matter. 3 in the afternoon might be reasonable to the landlord, but not to you. Maybe bring it up with the tenancy board, but be prepared to shell out $25 (I think) fee to make an official complaint.
Here’s the part of the Act that talks about the whole entry-deally-thing.
Section 9:
“7. Entry of Premises – Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless
(a) notice of termination of the tenancy has been given and the entry is at a reasonable hour for the purpose of exhibiting the premises to prospective tenants or purchasers; or
(b) the entry is during daylight hours and written notice of the time of the entry has been given to the tenant at least twenty-four hours in advance of the entry.”
Just say no.
They do need to give you 24 hours notice!!
Dartmouthy— I’ve been through this exact thing. The two clauses are separate. They only have to give you 24hrs notice when they’re doing an inspection or anything that would require a visit. Once you provide notice to vacate, they can enter pretty well any time they want.
Spark up a gagger when they come in. Happened to me once and the viewers commented on how nice my incense was.
get a copy of the act for tenantcies, and you will find out a lot of shit, that they cannot do.
blondevixen, if that is what you have at your place, can i come and visit? i will even help you play with them.
You could fill up a wading pool in the living room and just lounge like Homer – eating hot dogs, drinking beer. Remember the whole, “There you are! Thought you could get away, huh? *CHOMP*”
i need a simpson’s fix, haven’t been spending much time to home these days
Yeh I gotta say, if I heard a knock, I’d spark a J, strip down and get the girl to do her thing… Problem solved… But beware, some may ask to join in… Hypothetically of course…
Dr. Fever, I thought they needed to give you 24 hours notice, I think I must have skipped right to subsection B of Section 9 🙂
My landlord did the same thing last year. I was at work and got a call they would be taking someone through at 3 pm – less than 24 hours from when I gave my notice and before I could come home from work to get it tidied up. It was a pain in the ass. I just counted my lucky stars when I got out of that apartment, and then had to fight for my damage deposit – which is another story altogether.
THe fight for the damage deposits easy.
After you give notice, pay your rent as usual & on the last month pay half. Tell them to use the damage deposit for the rest.
They can rant rage & be pissed off…what are they going to do ? Kick you out ? Your leaving anyway. By the time it gets to the tenancy board, you’ll have moved.
More— they’ll take you to small claims or file a complaint with the tenancy board directly. If you lose the small claims, you pay restitution plus legal fees. If they go to the tenancy board, the board can make you pay the back rent plus interest and penalties. So, not so easy. The Act is weighted to the landlords in almost all instances.
Dartmouthy— it’s alright. The Act itself isn’t worded or set up all that well. I love the vagueness of the landlord being able to enter at a reasonable hour, plus it doesn’t protect the tenant from them not showing it while you’re not there.
The same thing happened when I was moving out of my first place. I found it extremely intrusive! I didn’t like having strangers searching through my closets, through my fridge and in my cupboards. I hate that they are allowed to show the place to other people while you haven’t even moved out yet!
One time a landlord did this. I locked my bedroom door that I had installed my own lock on, and climbed out my window for a bit. They had to organize another viewing since I locked parts of the apartment. I told the landlord very clearly that they will not view my room and my room mate’s room unless they tell us well ahead of time they are coming.
I would take a huge dump and leave the bathroom door open. But to add effect I’d make sounds like Mr. Jones from the Friday movies. You know the grunts, “damn’s”, sighs of relief, etc. Not like they can do anything then; you’re free to shit or pee with the door wide open in your own apartment.
The damage deposit issue: I had one with my previous landlord also. She claimed that our apartment left all our stuff in the backyard when our neighbours (who moved out the same time) had left their junk out back. The neighbours got the bulk of their deposits back and the landlord claimed that all of it was ours, which I contested. However I did leave a couch on the sidewalk which the landlord tried to charge us for. So to be a dink I took the couch across the street (an industrial area, no residents across the street) and told her, “It’s technically not on your property so you can’t bill me.” She still tried to bill me so I just repeated myself until she gave in. Then once I got the cheque I took the couch into the back yard where the neighbours left all their crap that we got billed for. =D
Burn the motherfucker down!
When you give your notice add a letter to request for a 24 hour notice because despite the tenancy act it is only considerate and the future viewings at “decent hours” may not be acceptable at times.
Keep a copy of the letter on the outside door and/or inside on the wall, plain and visible for the them and viewers to see and if you wish, add another comment and/or opinion of your choice.
Afterall it is still the place you occupy as a paying tenant. Don’t get all out of sorts doing it…just stand your ground. If they show up don’t let them in and simply remind them of the letter by simply closing the door.
PS…I agree, with the last month, doing the 1/2 month rent, securing your damage deposite is in your pocket. Repectfully leave the place clean and take pictures.
Been Played too many times as an excellent tenant.
Peace
According to Hearing Officers, reasonable hours are from 9:00am – 9:00pm.
You could close the door, but they can open it and enter. You are not allowed to prevent it.
Thank you for clarifying that BT. It’s a wonder why the Act just doesn’t come out and say 9 am to 9 pm.
Dr F, do you really expect a government to have a law that’s actually understandable. Hearing Officers, like judges, try to make sense out of the insensible. They don’t necessarily like it either.
Showing up without notice, especially with strangers, is just rude–regardless of regulations. I would tell them that the next time they show up with no notice, you will answer the door with a can of cockroach spray in your hand.
Indeed. Problem is, unless the tenant knows those things, irresponsible landlords abuse those laws.
Sorry DR Fever you’re not always correct (except possibly in your own mind) !
I at my last apartment had trouble & gave my 3 month notice.
I had heard from others about the trouble they had getting their damage deposit back.
So I did EXACTLY WHAT I SAID.
HE threatened me with tenancy board I told him fine, & smalls claims court ,I laughed at him & told him get me a summons.
At the end of the month I moved out.
A month later I went to my hearing, walked in with a laptop & video of the apartment, the move, the empty rooms, the Professional floor/carpet cleaners I hired to clean her up. Proof of receipt & comments on any damage.
Told the officer of the board about the horror stories I had heard about the landlord & getting your damage deposit back,the troule i was having with mold & no reamedy from the landlord… & lo & behold, the tenancy board had already know what an asshole the landlord was.
I walked out CLEAN baby.
No penalty, none of the so called holes in the walls etc. were found to be my fault & there was no proof EXCEPT the landlords word.
So I don’t know where your coming from, but I do know from my past history when renting & other issues of dealing with the tenancy board, that they are not easily fooled & if you have your ducks in a row YOU WILL WIN.
I did ~:)
& it wasn’t the first time.
Good for you, but you’re not every tenant. The Act itself is still weighted to the benefit of the landlord. Also, if you’re not able to prove your case, you are penalized. But nice try.
they have to give you 24 hours notice. i know this end of the law, i was a super intendant for a long time, unless you had on your written three months notice “This is my three months notice show the apartment at your convenience” they can not tramp through your apartment hen they feel like it. they have to give you 24 hours notice the initial time. and they have to show up after 10 am but no later than 6 pm unless you OK it. i would look into that tenancy act they were legally supposed to give you when you moved in.
They can only show the apartment during the last month you are there, not as soon as you give notice to quit.
Showing the apartment has to be during a resonable time of the day.
It’s in your lease under “Notice to Quit”
Or course you can always pack up and leave, cancell the rent cheques first.
SDJ, I suggest you read it again.
7. Entry of Premises – Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless
(a) notice of termination of the tenancy has been given and the entry is at a reasonable hour for the purpose of exhibiting the premises to prospective tenants or purchasers; or
(b) the entry is during daylight hours and written notice of the time of the entry has been given to the tenant at least twenty-four hours in advance of the entry.
So exactly where does it say last month of the tenancy. Also if you break the lease early, you are responsibl for the rent until either the landlord rerents it or the lease period is up. And yes the landlord has an obligation to rent it as soon as practible.