How much notice does landloard have to give?

[goaded]

What is the name of your state? Indiana

Our lease expired in February 28 - we had lived here for 2 years when the landlord informed me that she wanted to sell the house and move to Hawaii. We are now month to month and are considered - "tenant-at-will" with no lease obligations.

I would like to know how much notice does she have to give us regarding an expected move out date? We are currently looking for another place but have yet to find one.

Also what rights do we have if any regarding realtor showings? Number a day/week ,times + scheduling? Should we ask for a rent deduction for the inconvenience?

Thanks

 

[Who's Liable?]

Read: Enjoy... Landlord must give you 30-days notice in writing, and once YOU have given the LL your forwarding address, LL has 45 days to give you an itemized list and the remainder of your deposit... As stated below, 45 days start on the day you give the LL your forwarding address...

Hope you did a joint inspection with the LL, and took pictures along with a date stamp of ALL rooms, appliances, cabinets, etc...

Indiana Code 32-31-3-12 requires that, upon termination of a rental agreement, a landlord shall return to the tenant all of the security deposit except for amounts applied to the payment of outstanding rent; damages the landlord has or will reasonably suffer because of the tenant's noncompliance with the rental agreement or applicable law; and unpaid utility/sewer charges. Any amount kept by the landlord must be itemized and a written notice sent to the tenant along with the remainder of the deposit within forty-five (45) days after the termination of the rental agreement. However, a tenant must supply the landlord with a forwarding address (in writing) before this section of the law applies. In other words, the forty-five (45) days does not begin to count down until you give the landlord a piece of paper with your forwarding address. If the landlord fails to comply with the requirements established in Indiana Code 32-31-3-12, the tenant may recover all of the security deposit and reasonable attorney's fees. Although tenants are not supposed to be charged for damages attributable to "normal wear and tear," determining whether particular types of damage are due to normal use of the apartment is very difficult. You may think that a few scuff marks on the wall are insignificant, while the landlord views them as requiring major repainting. Unless you have documented the condition of your apartment at move-in and move-out in unambiguous detail, you may never see your deposit again.

 

[treese]

I would like to know how much notice does she have to give us regarding an expected move out date?

30 days written notice, as Who's Liable? stated.

Also what rights do we have if any regarding realtor showings?

You should allow reasonable access for showings. You should be given written notice in advance of showings. Talk to the LL to see if you can come to a mutual agreement.

Number a day/week ,times + scheduling?

You should not deny reasonable access. Normally, anytime between regular business hours is acceptable for showings. The notice can be given for a specific time or for a time frame. Again, speak with your LL.

Should we ask for a rent deduction for the inconvenience?

You can ask, but the LL has no obligation to reduce rent.

 

[goaded]

Thanks - I will hold her to the 30days in writing notice.

Regarding the showings - I have not signed forms stating I would, at the LL’s beckon call vacate the house I have paid rent on so that she might sell it. I think cooperating with showings is more common courtesy – and since I haven’t signed any agreement I should have some control over how they are administered. I mean what can she do if I start denying access - give me thirty days notice?

When we returned home last evening there was a message on our machine - we will be over tomorrow between one and two ... to me that’s not acceptable. I believe a precise time should be given and that the viewing time should be minimum - it’s not a castle, viewing should not take more than 10-15 minutes.

This issue has caused us a lot of stress - as such I will be damned if I am going to cooperate with the LL unless I am legally obligated to do so. After todays walk-thru, we are going to start dictating how things will be done.

 

[treese]

I am not familiar with your State's Landlord/Tenant Laws.

That said, in many State's the LL (or agent) can access the premises with as little as 24 hours notice - some States require written notice, some do not. It is not about common courtesy - it is the LL's right as the owner. The notice is not asking permission - it is the LL's right to have access to the property and they are simply notifying you.

In some State's a LL can take the tenant to court to have access ordered - the tenant can be held liable for the legal fees if they are found to be unreasonably denying access.

A time frame is acceptable, as they may have more than one potential buyer. Would you rather have appointments staggered throughout the day, or as many as possible within a specified time frame? Be reasonable.

Depending on your State's LL/T Laws, you may be legally obligated to comply.

 

[south]

What does your lease say?

What is the name of your state? Indiana

Our lease expired in February 28 - we had lived here for 2 years when the landlord informed me that she wanted to sell the house and move to Hawaii. We are now month to month and are considered - "tenant-at-will" with no lease obligations.

I would like to know how much notice does she have to give us regarding an expected move out date? We are currently looking for another place but have yet to find one.

Also what rights do we have if any regarding realtor showings? Number a day/week ,times + scheduling? Should we ask for a rent deduction for the inconvenience?

Thanks

 

[goaded]

Well now we are even more angry - they didnt even show for the appt they requested today! So we were forced out of our home for NO reason!

We are not under a lease agreement , we are tenant-at-will ...

Oh well - some people have no morals!

 

[Ellerge]

Angry?

Whom are you angry at - The Landlord or the prospective buyer who did not show? Also, is the Landlord angry with the no-show buyer?
Also, does the Landlord have your Security Deposit? If you relay your anger to him/her, will the Landlord force you to go to Court to get the Security Deposit back - or go to Court for the damages to the rental? And what kind of a reference will the Landlord give you if you do not grant reasonable showings?
Be NICE - you can get more with honey than you can with sour grapes.

 

[goaded]

Yes, I agree we need to be nice so she doesnt keep our deposit for no reason at all. We IOHO have been perfect tenants - never been late in 2+ yrs... Anyway when they made appt and didnt show it was irritating.

This last saturday she set up appt at 10am then again and 12pm then again at 2pm ... so we were ran out AGAIN all day on a weekend.

Today she called at 12:30pm saying she wanted to show at 2:30pm .. 2 HOURS NOTICE! Myself and my son are both sick, the house is a mess and she wants to give us 2 hours? BS! We told her today wasnt a good time and despite the fact that we have never denied her before, and our good rent record she went off on my wife stating she was going to contact her lawyer. I AM SO ANGRY!

People like her dont deserve to be treated nice.

 

[south]

Do not stress out tell landlord you require proper notice to access your unit as per law if your state is 24hrs then state so, also tell her go ahead and contact her lawyer he will save you the time of explaining to the landlord you have rights.

You can also tell landlord that if she wants to show it earlier than 24hrs she can call you but if its not convenient its simply not convenient.

Yes, I agree we need to be nice so she doesnt keep our deposit for no reason at all. We IOHO have been perfect tenants - never been late in 2+ yrs... Anyway when they made appt and didnt show it was irritating.

This last saturday she set up appt at 10am then again and 12pm then again at 2pm ... so we were ran out AGAIN all day on a weekend.

Today she called at 12:30pm saying she wanted to show at 2:30pm .. 2 HOURS NOTICE! Myself and my son are both sick, the house is a mess and she wants to give us 2 hours? BS! We told her today wasnt a good time and despite the fact that we have never denied her before, and our good rent record she went off on my wife stating she was going to contact her lawyer. I AM SO ANGRY!

People like her dont deserve to be treated nice.

 

[goaded]

Well - landlord just left ... she brought over 30 day notice!

WHAT A BITCH!

Wife had told her today wasnt a good time and that 2hr notice wasnt sufficient.

I dont think we should have signed her 30day notice letter hell Ive paid rent thru this month - I believe the 30day notice should start June 1 at the earliest. I imagine this bitch will now try to find some reason to keep the deposit.

What a joke!

 

[south]

If your rent is 1st to the 1st then the 30 day notice needs to start on the 1st.

Well - landlord just left ... she brought over 30 day notice!

WHAT A BITCH!

Wife had told her today wasnt a good time and that 2hr notice wasnt sufficient.

I dont think we should have signed her 30day notice letter hell Ive paid rent thru this month - I believe the 30day notice should start June 1 at the earliest. I imagine this bitch will now try to find some reason to keep the deposit.

What a joke!

 

[goaded]

yes, but we signed the little form she brought over ...

It stated


April 21,2005

XXXXX

This letter serves as notice that 30 days from the date above will be your last day of occupancy in the residence _________

I acknowledge receipt of the above notice

______ _________

I was totally not thinking when she brought it over and wasnt thinking when I signed - was too pissed! NOW I guess she has us - no? IF not I will contact her and tell her thats void! LOL Maybe we can have some fun at HER expense!

 

[south]

We IOHO have been perfect tenants - never been late in 2+ yrs

Just for the record the above is what you are supposed to be doing, you have not done the landlord a favor you paid rent landlord provided unit, too many tenants think because they pay rent on time means the landlord owes a favor.

 

[south]

You acknowledge receipt of it you did not agree with it, I think you will find in your state they need to give you a clear month to leave unless your lease is 21st to 21st which I presume it is not.

yes, but we signed the little form she brought over ...

It stated


April 21,2005

XXXXX

This letter serves as notice that 30 days from the date above will be your last day of occupancy in the residence _________

I acknowledge receipt of the above notice

______ _________

I was totally not thinking when she brought it over and wasnt thinking when I signed - was too pissed! NOW I guess she has us - no? IF not I will contact her and tell her thats void! LOL Maybe we can have some fun at HER expense!