Expert: liznarr - 2/22/2008

Question
Hello,
I rented a home in Mount Pleasant Sc back in Dec. under the knowledge that landlord was still trying to sell it. We were assured that it would be shown infrequently and that likely he would renew the 6 month lease. However showing it turned out to be frequently (Even a week after signing the lease) and at all hours of the day regardless of us. We both had severe cases of the flu in Jan and have felt harassed and that our peace of mind has been invaded.
The landlord evicted us, citing that we denied access, and the judge showed no concern for the invasion of our privacy.  Fortunately, we have found a much better home, but are rushed to move it.
Other than obviously checking the lease terms better next time, any thoughts or ideas for dealing with this landlord after the fact and while we are moving or case we find ourselves in this situation again? Also, the landlord has tentatively agreed not to serve the final papers until the end of the month but we of course don't trust him.
John

Answer
Hi John,

I don’t specialize in property management, but I sure do sympathize with you.  I have had a few questions regarding horrible landlords, and it’s hard to believe some people will treat others as you (and others I have heard from) have been treated.  Landlords have rights, but renters also have rights.  

I find it hard to believe that a sensible person would even want to come into a house where two people have a severe case of the flu.  I have knocked on doors many times over the years to show property after making an appointment and had someone come to the door and say, “We’re sick, but you’re welcome to come in.”  Needless to say, I wasted no time in making a VERY hasty retreat.

Based simply on what you wrote to me, my only thought while you are moving out is … If you find yourself in an extreme situation, since you have already been evicted, you might ask an attorney in your area what possible harm could come to you if you simply change the lock temporarily for a few days (only while you move out) and then put the former lock back on?  At least that will keep people out who do not make an appointment.  This thought is not “by the book,” but what other options has the unreasonable landlord given you?  You can even notify the Landlord of your intended action.  

Some professionals may not agree with my thinking, but when backed into a corner, you have few options.  The Landlord breached his verbal agreement with you; you trusted him and did not require that it be put in writing; so sometimes you have to fight fire with fire.

Without the benefit of reading your Lease, I suspect that you might have been overpowered at your Court appearance for eviction.  There is a saying in this business that even if something is legal, it may not be ethically the right thing to do.  I sense this was your situation.   

I do recommend highly that you get out of this house as quickly as possible to avoid any further conflict.  Move out, move on, and put this bad experience behind you ASAP.  You’ll be so much better off for it.

As for future leases and “finding yourself in a similar situation again,” simply insert wording into any future lease you enter into that should the property be placed on the market for sale, it will be shown strictly by advance appointment only with you, and only at reasonable times.  You can even stipulate days of the week and times if you want.  Anything legal that two parties agree to can be put into a Contract.

Good luck to you, and get out of Dodge as quickly as possible.

Regards,
Elizabeth