yep, that's a gun to our heads.

[douxquemiel.livejournal.com]

Tis the season, I suppose.

We're having some issues with our landlord, and I was trying to find an answer amid the already numerous posts in davis_square about this, but I'm twisting myself into knots.

Our lease is up September 1. Our landlord claims it takes two months to show and rent out our apartment, and would like to start doing so immediately (as in, tonight). Our lease is the standard lease, and it says we need to give 30 days notice if we intend to move.

"Lease Renewal and/or Vacating Notice:
Upon the expiration of said Lease term, either party hereto may notify the other of their intent to renew. Unless the Lessee gives the Lessor a 30 day written vacating notice, it is assumed that this Lease shall become a month to month Lease. Failure by the Lessee to provide the Lessor with a 30 day written notice will result in the Lessee being assessed 30 days rent in lieu of notice, and may be deducted from the Lessee's deposit if payment is not made upon notification. During the final 30 days of Lease term, Lessor may enter and show premises to any prospective Lesses at any reasonable hour of the day after making an effort to give advance notice."

As of right now, we're 62 days away from the end of the lease. The lease states we have to give notice by 30 days. Right now he's saying he needs to start showing the apartment, and we are "more than welcome to stay for next year if you sign before someone else takes it.", i.e., if someone else sees it and likes it tomorrow, they'll sign the lease and that's just tough for us, because we couldn't make up our minds (earlier than expected). Can he do this?

EDIT: HOLY MACKEREL. Thanks, y'all! I appreciate all your input. I think the final verdict was that yes, he could enter the apartment to show it, but we still had the right of first refusal, which he was implying he wasn't giving us.

BUT. My boyfriend and I discussed it and we decided to stay, so the entire point is moot. Thanks for all your advice, and I hope this post might one day be of help to someone else tiptoing through the land mine of housing contracts. Blecch.

Comments

[unferth.livejournal.com]

According to the housing court FAQ (http://www.mass.gov/courts/courtsandjudges/courts/housingcourt/housingquestions.html#27) the requirement is that the landlord should be 'reasonable'. What is and is not 'reasonable' is, predictably enough, undefined.

I'd swear I once read an opinion or FAQ that said 24 hours was a common guideline used by the courts even though it's not in the statutes anywhere, but I've never been able to find it again. Sounds like you had a more concrete information source anyway.