Residential Property Management/Apt Owner harassment

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Question
My daughter has an agreement with the owner of the apartment that she rents to pay the rent when she gets paid.  Is it ok for the owner to hassle my daughter by camping out outside her front door until she pays the rent in between pay checks?

Answer
Hi David and thanks for your Question.  State law does not permit me to dispense legal advice, so I'd suggest consulting an attorney for this matter.  I may, as the AllExperts User Agreement indicates in #3, give you my opinion.  There are many variables to your Question and I can only provide an opinion based on my experience and on the information you've provided.  I'll deal with it in two sections:  the real-estate section and the harassment section.

Generally speaking, all contracts for real estate must be in writing.  If the lease is not in writing, it could leave her open to eviction.  If the lease IS in writing and it says she'd pay rent when she gets paid (and not a specific day of the month), then if she hasn't gotten paid, she may not have to pay rent.  My experience in management is with commercial (office) properties, but I've also been an apartment renter several times myself.  A lease is a lease is a lease.  A landlord predicating rent payment on a tenant receiving a paycheck is a highly unrealistic and unlikely situation; every lease I've ever seen has a specific date that rent is due, such as the first day of the month.  (Otherwise, anyone could quit their job and live there rent-free.)  On the other hand, if she HAS gotten paid, she might want to have her checkbook handy.

Now, as for the landlord camping out, that's a good question.  Is there a lease?  If not, it's the landlord's property and the landlord may very easily be able to gain control of the property and hold a circus on it if he wants to do so.  If there is a lease, there is generally something called "Right to Quiet Enjoyment" assumed in a lease.

Here is a link to the following definition:  Quiet enjoyment

"Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.

Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.

In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet..."

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Residential Property Management

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Adam L. Greenberg CPS

Expertise

I have several years of experience in commercial property management, particularly in tenant retention but also in day-to-day tenant relations and service. Tenant relations and property management are the same whether residential or commercial--everyone takes he same licensing classes. It's the practical work experience that differentiates the two. I can answer questions relating to general topics but by law, because I was formerly licensed as a Real Estate Salesperson by The Missouri Real Estate Commission (2005-2014), I cannot give legal advice and as per Items #4 and #5 of the AllExperts User Agreement, and my answers may not be construed as such.

Experience

I began my career in property management with the residence hall operations at a large state university. I worked with everything that had to do with the tenants (students), from directly managing front desk operations to working behind-the-scenes with support staff. Professionally, for over six years, I was a member of a property management team which managed dozens of commercial and residential properties in Downtown Washington, DC; Arlington, Virginia; and Bethesda, Maryland. I also have an additional ten years of experience as a management agent for an absentee owner in Saint Louis, Missouri. I retired early in 2014 and I now live in Florida, which has provided me the experience of interaction with Homeowners' Associations (HOAs). Some of my Answers have reflected this experience.

Organizations
Former member, Washington Area Concierge Association (WACA), Washington, DC Former member, St. Louis Association of REALTORS.

Education/Credentials
BA Speech Communication, University of Maryland, 1993 Graduate of American School of Real Estate, St. Louis, Missouri, 2005 Certified Property Management Specialist (CPS), 2010 Successful completion of Continuing Education courses in Ethics, Diversity

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