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Kelly073 | Landlord question, Is this legal? |
First thing, We have lived in a duplex for 3 months, we have never been late on our rent, our place is clean and when we move out it will be just as it did when we moved in. The day after we gave our 30-day notice he posted for rent signs, I know that he has to give 24 hour notice before he comes in. The problem is my husband and I work during the day and my 16 year old daughter is alone, (She does school online) Can he come in when shes here since she is a minor? I would prefer he not.
Second, we pay his utilities, gas, electric, water, trash, and cable. We were not informed about this before moving in(most of the reason y we are moving) I found this out when the cable company saw he was hooked up! They unhooked it and he hooked it up later that night. It is hard enough to support our family and he is getting a free ride and that really upsets me.
So my questions are, is it illegal for him to steal our utilities? Is it legal for him to post signs before we move? Does he have the right to come in when my husband and I are not home?
Additional Details
Oh yeah, no lease....thank you |
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Christin K
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Quick answers: Yes. No. and No.
It's legal to post the signs before you move, since you've given him your final notice. It is not legal for him to "show" the apartment before you're out of it--if you don't want him to.
It's not legal for him to enter your home with your minor daughter there without you present. ABSOLUTELY forbid this. If he violates this again, call the police and turn him in.
And it's DEFINITELY not legal for him to hook cable up after it was unhooked!! He's breaking the law big time--and he should be turned in for that one too. As for utilities, it depends on what your lease says. If you're paying BOTH apartment's utilities, and ONLY you are paying, then it had better be in your lease--otherwise, you need to keep the bills, and take him to small-claims court when you leave. The cable is theft of services--you bought, he enjoys? No way. Turn it off and cut HIM off and notify the cable company.
From a website on Landlord-tenant rights:
Right of Entry
In general, with tenant consent, a landlord has a right of entry to inspect the premises; make repairs; supply necessary or agreed services; or show the property to potential tenants, purchasers or contractors. Entry is limited to reasonable times, and two days' notice of intent to enter is required. A landlord may enter the premises without the tenant's consent if an emergency or abandonment occurs, or if the landlord obtains a court order. A landlord may not abuse his or her right of access to the premises to harass a tenant.
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Classy Granny
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No, it isn't legal for him to be using utilities that you are paying for and you could have him arrested for theft of services. Yes he can post signs and show the rental. If he gives 24 hour notice and you don't want him coming when your daughter is there alone you will need to make arrangements for someone to be there with her. |
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Jackie
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I dont believe its LEGAL for anyone to steal ANYONES utilities no matter the situation.
It is however legal for him to post signs up before you move. He wants to find somone to immediately fill your spot.
I believe he has to call you to find out when he can show the apartment. I don't think he can just show up and invite people in without your consent. When my boyfriend and i moved into our house (renting) we had to work around the previous tenants schedule. They were not home during the day so we had to visit at night when they allowed it. Its common courtesy. |
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Cami F
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Yes he can post signs, its not an eviction he could just be trying to get other applicants to fill your place so he's not out of any money with an empty place. Now if he wanted to show the place to someone he would have to let you know ahead of time.
It is illegal for anyone to steal cable. And if someone so happens to tip off the cable company, he could get in trouble. ;) You're moving so you dont have to worry about him anymore.
He shouldnt be able to go in just because your daughter is home, but one of you should set up a time for him to come in or ask him to come by after you are home.
You can see what the laws says online by searching for tenant/landlord rights. Good luck with your creepy landlord. |
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Jäger
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No, taking your utilities without your prior written approval may be illegal. Posting the signs are allowed.
24 hour notice should be given so that you can make the proper arrangements to either be there or not for the landlord. If you wish to not be there and your daughter go elsewhere, for her safety; then I think you should lock up all your valuables and set up a hidden video camera seeing that he can not be trusted. |
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Real Estate Guy
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is it illegal for him to steal our utilities? OF COURSE IT IS. I WOULD REPORT HIM TODAY
Is it legal for him to post signs before we move? OF COURSE IT IS.
Does he have the right to come in when my husband and I are not home? YES. WITH NOTICE. |
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Phil
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No. Yes. No. |
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chatsplas
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So do you have lease? If so READ it. . . .posting signs is legal, unless your community forbids it. . . .You do have right to 24 notice before showings and can request that you be present, or that no showings occur when your daughter is home alone. . . . .
TALK to utilities about him using your utilities. . . .report him on this. . .is there just one meter for electric, and one for gas and so on???? It is NOT illegal IF it is disclosed to tenant. . . .he's not stealing it if it is disclosed. . . .of course, who wants to get that sort of deal? MOst duplexes have separate meters and utilities are separated. |
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La Vie Boheme
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You'll have to make other arrangements for your daughter if you don't want anyone entering the property when she is alone. I see no reason or issue why it's a problem he posts signs..he wants the place rented as soon as you move..that's understandable. |
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MavistheMaven
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You can ask him not to show the place during the hours when you and your husband are normally at work and only your daughter is there. You can give him times when he can and cannot come. Your daughter can refuse to let him in. If someone is home and refuses to let him in, it would be trespassing to push to enter. It's not as though you're not saying he can't come at all, just not during those hours. He can't legally force entry. All he can really do is... take steps to evict you, which would take longer than your 30 days anyway. And that would only be if he had the right to come at any time as long as he gives 24 hours notice, and I don't think that's the case.
On the other hand, you can work with him a bit. If someone can only see the place during those hours and he gives you 24 hours notice, your daughter can head to the library when they get there or take a walk if you don't want her around. After all, you can't refuse to let him come in when you're not there - he has that right.
I also don't know that it's soooo unsafe. It's not him visiting your daughter alone. He'd be bringing in people to see the place and he'd be there, so she wouldn't be alone with the strangers, either. And she is 16, not 6.
Check with your local tenants' union about his right to enter, if you have one. Or call a lawyer and just ask, if you can't work this out with him and don't want to put the burden of refusing entrance on your daughter.
About the utilities. You're paying for YOUR cable, and he's pirating it. It doesn't cost you a penny extra because of him. Granted, it's illegal and sleazy of him, and you can report to the cable company how he reconnected the wiring.
It is possible that you're covering the other utilities, too, but they'd have to be wired that way. Are you sure you're paying extra for his? You can have each utility company come out to check, or better, have the local Department of Licensing and Inspection come out, and you can sue for the amounts he used if you want to. But don't assume that's the case. Each part of the duplex should have separate meters. If he is riding on your meters, it's illegal. Water and trash? It might be illegal for him to bill you for those at all.
However, it's legal for him to post signs before you move. That's the whole purpose of the 30 days' notice - to allow him to find a new tenant so he doesn't lose a month of income every time someone moves.
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estielmo
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It is illegal for him not to have separate utilities unless it is mentioned in the lease. Sue him once you're out. I'd simply have all the utilities cut off on the day I moved out.
He is allowed to post the signs and show the place with proper notice, whether you are there are not. It is his property and he can enter it with proper notice. There is no law being broken. Courtesy is not legislated.
I find it rather disturbing that the daughter has been totally unsupervised all this time. Do you know realize the trouble a young teen girl can get into? Especially one who is not allowed to attend normal school? Home school, as a concept, is supervised by a competent adult.
If she is big enough to be home alone then you obviously believe she can take care of herself. |
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doinou
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No, Yes, Yes. |
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