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Can my landlord show my apartment even when I'm living there if i have not given notice that I'm moving??

Washington, DC |

My one-year lease ends 6/30/09. I have informed my landlord that, as per the lease agreement, we will be going month-to-month. He insists that he will be advertising the apt so he can line people up who are willing to move in when we decide to leave (whenever that may be) because he is not happy that we are going month-to-month instead of signing another contract. He insists that he has the right to show my apt while I'm still living there so he can line these prospective renters up. My lease clearly states that I need to give him 30 days notice if I moving, and that at the end of the year lease we the contract automatically goes month-to-month. It also states he can come to the unit with notice. The lease says nothing about him bringing other visitors. Is he allowed to do this?

Attorney Answers 1

Posted

A general rule in month to month (aka holdover) tenancies is that they can be terminated by the landlord with appropriate notice. Keep that in mind when you're complaining to him about showing the unit. Review the language in your lease. I suspect that it provides that you become a holdover tenant by default if you don't sign a new lease and if you don't vacate at the end of the lease term. I don't suspect that it guarantees you the right to stay on a month to month basis until you decide to leave.

Put yourself in the landlord's shoes for a moment. That unit is a business asset that must produce income. He can't afford to sit and wait until it suddenly becomes available to shop it around.

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* Although Florida law does not require a written lease, you should request a written lease that clearly states all the terms. Oral leases are subject to misunder- standings and are more difficult to enforce. So what what rule of law is enforced once the lease agreement expires, however, the LL allows for occupancy?

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