Maintenance entry with improper notice

[os478]

What is the name of your state (only U.S. law)? Michigan

Hello again. A week ago, I was given a notice of entry from 4/21 - 4/25 for the following reason:

The following measures will be installed (In the name of cost-saving measures):
Low-Flow showerheads
Low-flow faucet aerators in kitchen and bath
pipe wrap insulation
programmable thermostat

I got back from work today and saw that my apartment had been entered as things were out of place. The bedroom door was left open and blinds were moved. The closets were opened because the suitcase I have in front of one closet has been moved. None of the things mentioned above were completed and it has become obvious to me that this was an apartment inspection rather than an entry for the reasons above.

Should I involve the police department for trespassing?

Thanks

 

[BL]

What is the name of your state (only U.S. law)? Michigan

Hello again. A week ago, I was given a notice of entry from 4/21 - 4/25 for the following reason:

The following measures will be installed (In the name of cost-saving measures):
Low-Flow showerheads
Low-flow faucet aerators in kitchen and bath
pipe wrap insulation
programmable thermostat

I got back from work today and saw that my apartment had been entered as things were out of place. The bedroom door was left open and blinds were moved. The closets were opened because the suitcase I have in front of one closet has been moved. None of the things mentioned above were completed and it has become obvious to me that this was an apartment inspection rather than an entry for the reasons above.

Should I involve the police department for trespassing?

Thanks

What did the LL say when you called about the issue ?

What kind of housing do you live in ?

Do you have above neighbors ?

Has it been raining there ?

And,gee yes. I would have called to file a report when I first was home and noticed it ,but you do not know for sure it was maintanence.

It could have been the bunny rabbit from easter past.

 

[os478]

What did the LL say when you called about the issue ?

What kind of housing do you live in ?

Do you have above neighbors ?

Has it been raining there ?

And,gee yes. I would have called to file a report when I first was home and noticed it ,but you do not know for sure it was maintanence.

It could have been the bunny rabbit from easter past.

Thanks for the response.

I will be calling the landlord tomorrow to get an answer from them as to what they were doing in my apartment.

It's a 4 apartment building. I am on the bottom floor. There has been no rain in the past 4 days.

I called the police department and they suggested I call the landlord/group tomorrow to get a response from them first. They said I could still file for the entry tomorrow.

 

[BL]

Thanks for the response.

I will be calling the landlord tomorrow to get an answer from them as to what they were doing in my apartment.

It's a 4 apartment building. I am on the bottom floor. There has been no rain in the past 4 days.

I called the police department and they suggested I call the landlord/group tomorrow to get a response from them first. They said I could still file for the entry tomorrow.

You're welcome.

If they deny they entered file a report , or if entered for an emergency ( if so find out what their emegency or potential emergency was ).

If the later you may want to give them written notice ( proof it was sent with keeping a copy ) warning them if illegal entry occurs again you will not hesitate to file a police report for tresspass ( even if they admit to it ).

 

[justalayman]

so, maybe it wasn't the landlord.



so, what does your lease say to the landlords right of entry?

 

[os478]

so, maybe it wasn't the landlord.



so, what does your lease say to the landlords right of entry?

Sorry for the wall of text, but this is almost verbatim from the lease. They satisfy #2, but not #1.

<Omitted>, then such persons may enter peacefully and at reasonable times by duplicate or master key if:
1.) Written notice of entry is left in a conspicuous place in the apartment immediately after entry - Not done.
2.) Entry is for: Responding to your request; making repairs or replacements; estimating repair or refurbishing costs; performing pest control; doing preventive maintenance; changing filters; testing or replacing smoke-detector batteries; retrieving unreturned tools or equipment, or appliances; preventing waste of utilities; leaving notices; delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices; removing or rekeying unauthorized security devices; removing unauthorized window coverings; stopping excessive noise; removing health or safety hazards, or items prohibited under our rules; removing perishable foodstuffs if your electricity is disconnected; retrieving property owned or leased by former residents; inspecting when immediate danger to person or property is reasonably suspected; allowing persons to enter as you authorized in your rental application; allowing entry by a law officer with a search or arrest warrant, showing apartment to prospective residents; or showing apartment to government inspectors, fire marshals, lenders, appraisers, contractors, prospective buyers, or insurance agents.

 

[BL]

http://www.landlord.com/landlord_right_of_entry_by_state.htm#MICHIGAN:_


Entry in the absence of a statutory procedure.

A landlord has no inherent right to enter his tenant’s dwelling unit. The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant. This right of occupancy is what the tenant pays for when he pays his rent. In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy. Keep in mind, also, that there may be rules pertaining to a landlord’s right to enter the dwelling unit related to rent control, if the landlord’s property is covered by it.

For the sake of retention of one’s tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows. 1. Enter as infrequently as possible. 2. Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant. 3. Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence. Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on. The covenant of quiet enjoyment is meant to protect a tenant’s right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlord’s neglect of his property.

 

[justalayman]

Sorry for the wall of text, but this is almost verbatim from the lease. They satisfy #2, but not #1.

.

If you believe they had a valid reason to enter but simply failed to leave a note they were there, I'm not sure what you are seeking. While a technical violation of the lease, it is not going to be seen as so egregious as to allow a termination of the lease or any other punitive actions by any source.


I would simply remind the landlord of the requirement to leave notice they were in the unit and suggest to them that it is simply good manners to leave such a notice so you, the tenant, would not think somebody had broken into the unit which would result in the police being called. The police have better things to do than take reports on what ends up being a valid action by the landlord but became involved only because it may have been a break in but only because the landlord did not leave a note that they had entered the unit.

 

[BL]

If you believe they had a valid reason to enter but simply failed to leave a note they were there, I'm not sure what you are seeking. While a technical violation of the lease, it is not going to be seen as so egregious as to allow a termination of the lease or any other punitive actions by any source.


I would simply remind the landlord of the requirement to leave notice they were in the unit and suggest to them that it is simply good manners to leave such a notice so you, the tenant, would not think somebody had broken into the unit which would result in the police being called. The police have better things to do than take reports on what ends up being a valid action by the landlord but became involved only because it may have been a break in but only because the landlord did not leave a note that they had entered the unit.

Agreed. In my tenacy , on very few occasions ,notes of entry were not left, although I knew who it was that entered via notice.

 

[os478]

If you believe they had a valid reason to enter but simply failed to leave a note they were there, I'm not sure what you are seeking. While a technical violation of the lease, it is not going to be seen as so egregious as to allow a termination of the lease or any other punitive actions by any source.


I would simply remind the landlord of the requirement to leave notice they were in the unit and suggest to them that it is simply good manners to leave such a notice so you, the tenant, would not think somebody had broken into the unit which would result in the police being called. The police have better things to do than take reports on what ends up being a valid action by the landlord but became involved only because it may have been a break in but only because the landlord did not leave a note that they had entered the unit.

I had previously sent a certified letter requesting 24 hour notice before entry, which has since been used once out of 3 entries. The first time an entry without proper notice or papers left notifying me of entry, I notified the landlord and they merely apologized (as they always do) and expected it to go away. This time, the deadbolt to the back door was left undone. I did not notice that last night until after I went to bed.

I've read a large amount of things online where people have been billed by the management company here for outstanding issues after a tenant leaves. They may or may not be truthful as you know how the he-said-she-said things go, especially when the other group isn't around to defend themselves. Anyway, I'm trying to document all of the problems I've had with this management company so that I can countersue if I am taken to court for being improperly billed on damage to the apartment. I do have an older thread on this forum as well for lack of heat where I have mentioned suing the landlord for the same reason.

 

[os478]

I spoke with the landlord and he stated that the people that came to check the heat in the apartment that day. He stated that it was an emergency because the health department had a deadline of 4/24/14 to get the problem resolved.

While I don't disagree that it could be considered an emergency, I'm quite annoyed by the reasoning of it being an emergency.

 

[Silverplum]

I spoke with the landlord and he stated that the people that came to check the heat in the apartment that day. He stated that it was an emergency because the health department had a deadline of 4/24/14 to get the problem resolved.

While I don't disagree that it could be considered an emergency, I'm quite annoyed by the reasoning of it being an emergency.

If we still did signatures here, I think I'd steal this.

 

[os478]

If we still did signatures here, I think I'd steal this.

Why is that?

 

[BL]

If we still did signatures here, I think I'd steal this.

I miss signitures

I still have an email from M, in part this:

Do not have the sig files contain your name, address, or any other identifying information. Though I must say, some of you have turned them into a minor art forum (i.e., witticisms, sayings, graphics, and so forth).