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Showing apartment to brokers

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Showing apartment to brokers

Postby signet13 » Tue Aug 24, 2010 11:58 am

I received a text message today from someone (I'm assuming a broker), asking if I was available today to show the apartment. I was very confused, so I contacted my management company. They told me that, as part of my lease, I was obligated to show my apartment to brokers and potential buyers. My lease ends at the end of August, and I've already moved into a new apartment. My roommate has also moved, but we still need to paint and clean; we also have a few things of zero value still in the apartment.
I told the mgmt company that I had no problem with the landlord letting brokers into the apt. He then said that the LL doesn't have the keys. I told him that he did because I handed the keys to him personally. He then said that the LL is really busy and doesn't have time.
I don't really have time either, since I work full time and have other obligations. I don't recall seeing this in my lease, but, since this happened this morning, I haven't been able to read through the whole thing.
Either way, is the mgmt company legally able to force me to show the apt on my own time? Is it not their responsibility? I was told that if I do not comply, I will forfeit my security deposit.
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Postby TenantNet » Tue Aug 24, 2010 12:30 pm

We have discussed many times on this forum tenants' rights and obligations to provide access to the landlord, for showing and for other purposes.

You add a new wrinkle ... is the tenant obligated to do the work of doing the showing, especially when the LL has the keys.

You don't address if you've actually legally returned possession to the LL, but suggest that you have not done so as you have some additional work to do.

But that doesn't matter. We know of no law that requires you to do the work. If the LL has keys, and if you don't have problems with them having access, them let them do the work.

But be careful with cleaning out the place. This might be an excuse to hold onto your deposit. That would be illegal and you can go after the LL for that. But they might try any way.

I would call him back and record the conversation.
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Postby signet13 » Tue Aug 24, 2010 2:43 pm

Another issue I have is that my management company is providing brokers and potential renters with my personal contact information. I know this has to be some kind of violation of my personal rights.

As soon as I get home tonight, I plan to look at the lease to determine if there is a clause that states I am the one who must show the apartment. I have never heard of anything like this.
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Postby TenantNet » Tue Aug 24, 2010 2:58 pm

Even if there was such a clause I think it would be unenforceable. If the LL wants to withhold the deposit, they will make up any excuse (which is why many tenants withhold the last month's rent to offset bogus deposit claims). You can take the LL to small claims court for the deposit and they would have to show some sort of real damages. Your not doing his work is not damages.
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