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IN THE TIMES: GETTING ACCESS TO AN APARTMENT

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The Right Time to Show an Apartment

QI am a renter and will be giving up my apartment. The landlord has become demanding about showing the unit to prospective tenants. He is asking that I let him show the apartment from 8 a.m. to 6 p.m. daily, including weekends. When I refused, he accused me of being uncooperative. I am afraid that if I don't comply with his demands, I may not get back my security deposit. What should I do?

AMost leases require that landlords be given entry upon 'reasonable advance notice,' " said Lucas A. Ferrara, a Manhattan real estate lawyer. "Of course, what is 'reasonable' will vary from case to case."

In most instances, Mr. Ferrara said, the landlord and current tenant will work out a schedule of dates and times that are mutually convenient for apartment showings to prospective tenants.

"Without knowing more," Mr. Ferrara said, "it would appear that the consecutive full-day showings that the landlord proposes are burdensome and excessive and would very likely be found to be unreasonable by a court of law."

Moreover, he said, if the landlord wrongfully withheld the security deposit, that money, which should be on deposit in a New York State bank, could be recovered by filing a small-claims case against the landlord.

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