My landlord has violated and ignored the terms of the lease when it comes to the other tenants behind us. We chose to put in our notice not to renew early, giving them 90 days notice. However, in my lease it states "A penalty of $100/week to resident who does not allow unit to be shown to prospective residents after their thirty (30) day notice is received. If needed, the tenant may have seven (7) days to prepare the unit after a thirty (30) or more day notice has been given before showings are scheduled"
They have threatened me with $100/week fee even though I have NEVER refused a showing. I works nights and am tired of staying awake for scheduled showings that don't show up until 2 hours past the scheduled time. But I still do it. Does the lease quote above entitle us to tell the landlord no showings until the last 30 days? Thank you.
Since you say you have never refused a showing, under the lease language you have quoted, the landlord is not entitled to impose any penalties. The language quoted says you do not have to allow a showing within the first seven days after you give 30 days notice.
This answer on AVVO is not intended to be specific legal advice, which could only come from a full review of all of the circumstances. Please consult an attorney of your choosing before taking action, or refraining to take action.
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