Trulia Brook…, Other/Just Looking in Brooklyn, NY

If one is currently renting but has told the landlord that they are not planning on renewing the lease, can the landlord to schedule viewings?

Asked by Trulia Brooklyn, Brooklyn, NY Tue Feb 5, 2013

How common is this? Do they have to allow every single viewing or do they have any way of declining?

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BEST ANSWER
One large factor in the equation is... does the property have six or more units. .. If the property has more than six units the landlord is required by New York State law to renew the lease. Just because the landlord says that he is not renewing does't mean that he has the right to. If the building is rent stabilized the owner would need extreme circumstances to evict a tenant. It is a long process and the outcome is not guaranteed.
If the building is 5 units or less the outcome is more sure. The owner can terminate the lease but giving the tenant a thirty day notice of termination of tenancy. After the thirty day notice has finished then a notice of Petition & Summons is filed and a court date is given where the Owner and Tenant meet and try to reach a date for the tenant to vacate the apartment. The time to vacate can be up to six months from the date of first court appearance.
When the owner wants the apartment vacated he can speak with the tenant and try to make a mutually agreed upon date to vacate. As long as the tenant wishes to accomadate the owner everything will go as planned. If the tenant doesn't vacate as agreed, the owner will find that he will have to start all over again. The big difference would be that all rent arrears need to be brought up to date to make a bindding agreement... Good luck if you need more info call me at (646) 233-4362
1 vote Thank Flag Link Wed Feb 6, 2013
Smart landlords know to make this arrangement at lease signing, and they do. I always advise my landlord clients to add a showing clause into the lease. I also warn my tenant clients to expect to see this kind of clause and the reason why.
1 vote Thank Flag Link Tue Feb 5, 2013
By the way that the tenant doen't have to allow the owner to show the property, if the tenant does agree to the showing it will have to be at their convience.. The owner can file an action, but it will still be at the tenants discretion to say when... good luck... George
0 votes Thank Flag Link Wed Feb 6, 2013
I think both tenant and landlord should be guided by the terms of the written Lease Agreement. If there's a provision to allow viewings (within reasonable limits) then both parties are guided accordingly.

On the other hand, common sense says, if the tenant refuses, regardless of the lease terms, I doubt the landlord has much recourse other than legal action.

Attorneys are the best and only source of legal guidance for issues of this nature.

Trevor Curran
NMLS #40140
Mobile: 516-582-9181
Office: 516-829-2900
Fax: 516-829-2944
PowerHouse Solutions, Inc.
185 Great Neck Rd, Suite 240
Great Neck NY 11021
Licensed Mortgage Banker – NYS Dept. of Financial Services
NMLS#3528

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0 votes Thank Flag Link Wed Feb 6, 2013
Yes the landlords can do this, nothing illegal. However you let the landlord know what time can work for you or day.
0 votes Thank Flag Link Tue Feb 5, 2013
refer to the lease. It usually says something along the lines of with reasonable notice the tenant must grant access to the landlord or their agents.
0 votes Thank Flag Link Tue Feb 5, 2013
As a Realtor and a Landlord myself, I typically put this wording into the Lease...to allow showings to potential tenants.

It is really important to get the space rented in allignment with your vacating the property.

Try to be as cooperative as you can. If viewings are declined, opportunities are lost. If you had been declined to view the apartment when you were looking, you might have been living somewhere else.

I am sure the management will appreciate your cooperation.

gail@GladstoneGroupRealty.com
0 votes Thank Flag Link Tue Feb 5, 2013
Your best bet is to make sure the place looks presentable and be fairly flexible in allowing showings. Do that and the aggravation will end more quickly since the landlord will be able to find a new tenant more easily.
0 votes Thank Flag Link Tue Feb 5, 2013
Untrue - many leases contain the provision that the landlord has the right to show the apartment, upon reasonable notice, to people interested in either renting the space (generally beginning about 30 days before lease expiry - check your lease for details) or to people interested in buying the entire building (throughout the lease term). You cannot be made to move before your lease is up (even if the building is sold to another landlord the terms of existing leases must be honored). This is very common, and you should work with your landlord to manage showing times (for example, say that you would prefer that the apartment not be shown at certain times, such as when a child is napping or when you are eating dinner, etc.).
0 votes Thank Flag Link Tue Feb 5, 2013
no they do not have the right to show the apt. the apt. is yours until the lease is ip, and the landlord cannot enter property unless authorized or an emergency occurs. if you need to find another apt. or want to look at a house hit me up. 347 864-9619
0 votes Thank Flag Link Tue Feb 5, 2013
no they do not have the right to show the apt. the apt. is yours until the lease is ip, and the landlord cannot enter property unless authorized or an emergency occura
0 votes Thank Flag Link Tue Feb 5, 2013
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