"Right of entry" can I file with small claimes?

[chrisnsha]

What is the name of your state? North Carolina

The maintenance man from our apartment complex entered our apartment without giving prior notice to change the air filter and to check our smoke detectors. Our rental agreement states:
"Lessor reserves the right to enter the Premesis during reasonable times for any inspections, maintenance, extermination, alterations, or improvements deemed necessary ore desirable in the Lessor's sole discretion, or to show the Premises to prospective residents during the last thirty days of the rental term. Lessor reserves the right to place "For Rent" and/or "For sale" signs on the Premesis, at any time deemed necessary or desirable in Lessor's sole discretion. Lessor reserves the right to enter the Premesis, with or without notice to Resident, at any time deemed necessary in Lessor's sole discrestion to protect life or prevent damage to the Premesis including by way of example, but not limited to, turning on utilities at resident's expense during periods of cold weather to protect pipes."
My question is: I understand entering our apartment without notice in case of an emergency, but can they enter our apartment without notice for routine maintenance? In addition, the maintenance man left our front door unlocked upon leaving our residence. I am considering filing a small claims lawsuit for punative damages- do I have a case?

Thanks!

 

[justalayman]

What is the name of your state? North Carolina

The maintenance man from our apartment complex entered our apartment without giving prior notice to change the air filter and to check our smoke detectors. Our rental agreement states:
"Lessor reserves the right to enter the Premesis during reasonable times for any inspections, maintenance, extermination, alterations, or improvements deemed necessary ore desirable in the Lessor's sole discretion, or to show the Premises to prospective residents during the last thirty days of the rental term. Lessor reserves the right to place "For Rent" and/or "For sale" signs on the Premesis, at any time deemed necessary or desirable in Lessor's sole discretion. Lessor reserves the right to enter the Premesis, with or without notice to Resident, at any time deemed necessary in Lessor's sole discrestion to protect life or prevent damage to the Premesis including by way of example, but not limited to, turning on utilities at resident's expense during periods of cold weather to protect pipes."
My question is: I understand entering our apartment without notice in case of an emergency, but can they enter our apartment without notice for routine maintenance? In addition, the maintenance man left our front door unlocked upon leaving our residence. I am considering filing a small claims lawsuit for punative damages- do I have a case?

Thanks!

A quick search for the laws regarding landlord tenant relations seems to show North Carolina has no statute requiring prior notice for a LL to enter the premises. This along with the actual lease that states:

"Lessor reserves the right to enter the Premesis during reasonable times for any inspections, maintenance, extermination, alterations, or improvements deemed necessary ore desirable in the Lessor's sole discretion,

It would seem they can.

 

[chrisnsha]

wording

I see your point, but the section that covers maintenance does not say "with or without notice" as it does at the bottom of the paragraph. Do they still get away with it? My main concern is that my husband is in the military and is gone a lot. I fear coming home and finding a strange man in my home. Also- the fact that they left my door unlocked makes me feel unsafe- what if a rapist or murderer had come in? The whole thing makes me sick and I feel helpless to do anything about it!

 

[Zigner]

You have no damages - you have no case.

 

[justalayman]

I see your point, but the section that covers maintenance does not say "with or without notice" as it does at the bottom of the paragraph. Do they still get away with it? My main concern is that my husband is in the military and is gone a lot. I fear coming home and finding a strange man in my home. Also- the fact that they left my door unlocked makes me feel unsafe- what if a rapist or murderer had come in? The whole thing makes me sick and I feel helpless to do anything about it!

Well since the laws do not disallow entry of this type and the lease does not disallow it, that would mean it is allowed

I do understand about the "not locking the door". It would bother most people.

Have you taken the time to address this concern with your LL? Hopefully they aren't all mean and uncaring folks. You might ask the LL to inform you of any upcoming maintainance or known intrusions into your home. Maybe they will work with you. Be sure to let him/her know about the lack of locking the door.

 

[chrisnsha]

confronting LL

My husband did speak with the manager of the complex- she informed him that they have every right to enter.
The kicker is- we just moved in one month ago. There was no need to replace the air filter and we disabled the smoke detectors while having a barbecue. We have since replaced the smoke detectors, but the maintenance man didn't do it when he was in our apartment and no one has said anything about them being disabled.
In addition, we have paperwork from the management company that requests each tenant schedule an appointment every three months for smoke alarm testing and replacement of the air filter.
The whole thing seemes shady to me.