If ourlandlord hasn’t gone to court to evict us yet, can he put a “for rent” sign up in our yard and start showing our apartment to others?

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If ourlandlord hasn’t gone to court to evict us yet, can he put a “for rent” sign up in our yard and start showing our apartment to others?

We are still living there. We gave no permission for this.

Asked on June 22, 2011 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The landlord may *absolutely* do this, unless (and only to the extent that) there is something in you lease specifically prohibiting him from putting up the sign, advertising for tenants, or showing the apartment. The owner of property or his or her agent is  not required to wait until a tenant's occupancy is over or the tenant has moved out before looking to re-let the space.

Note that the landlord, however, may only show an occupied place on reasonable notice (usually 24 hours, written), at reasonable times (usually during the day or early evening, unless agreed to otherwise), and not too frequently--i.e. not every day for weeks. However, subject to those caveats, the landlord may indeed show the space.


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