Landlords abusing right to access rental

[Alithan86]

What is the name of your state? Washington State

I received an email from the property mgmt company that stated the owners would be in town and want access to the exterior of the home on 7/30th at 9am. The email also stated that they would be here til Aug. 9th and want access to interior and exterior of home to do some work off and on throughout that time.
I emailed back that I would need to know specific dates and times and asked what projects and that I did not understand why they needed so much access and what had to be done since only one pipe below bathtub needed to be fixed. I never got a response.

On 7/30th they did not show up at 9am instead they came at 8pm. I let them do what they needed on the exterior and told them they need to give proper notice and to set up a time. I let them know my 12 year daughter is sometimes home by herself and not comfortable with them just showing up. They said they'd be back the next morning for the interior. They came back the next day and spent a few hours inside the house and then continued to come and go for several hours a few times a day for the next 7 days.

Each time they came with their kids and told me to lock up my dog and not let me use the backyard. They let their kids play back there and went back and forth from front to back yard for up to 6 hours a day. They would leave and then come back for a few hours in the early evening. One time they said they were gone for the day and then at 8:30pm the owner returned and went into the backyard without me knowing where my daughters blinds were opened and she usually changes in there in the evening. I heard someone back there and he left right after that.

During this I had left once while they were here and upon my return saw that they had pulled up all the rockery and filled my driveway. They never asked me if they could do that. I have never lived here a day I didn't pay rent for and usually use the driveway. When I asked them to move the rocks since I will be having a garage sale and needed it cleared (heavy items already in garage) they got angry and told me they wouldn't do it.
I finally got fed up and refused entry this morning. I told them I needed proper 48 hour WRITTEN notice and that they needed to give reasonable time frames of when they needed access. I told them they had not given me quiet enjoyment for the past 7 days, had harrassed me and abused right of entry. The owner said he would give me a 3 day eviction notice. I said for what....I've paid my rent and a 3 day eviction is for if a tenant is doing something illegal??!! Then they asked who all is living there. I said me and my two kids like it says on my lease. He pointed to my ex husbands car and asked why he was there. I said it is OUR KIDS'S birthdays today (born on same day) and we spend it together for them!! I feel harassed that they even asked me who was over. They told me they were gonna go see their lawyer and left.
An hour later they posted a notice to enter dwelling on the door (they had gone to property mgmt office not their lawyer). It states they want entry 8/9 and 8/10 and 8/11 and 8/12 ALL day long each day. From 10am to 6pm. They've already inspected the premises 3x in one week and been on the property almost all day for the past 7 days. If this isn't abuse of access I don't know what is.

What rights do I have to only allow access to do certain repairs with proper notice and within a normal time frame (ie 1-2 hours to fix clogged sink)??

The last time they were here they moved the rock I had blocking the broken bottom of a fence board so that my little 7 pound dog got out the next time I let her in the backyard. I lived here 10 months and she had never gotten out. That rock was there an hour before they were in the backyard and somehow it had been removed during the time they were here and no one else had been back there. It's a 10+ pound rock so it was moved by a person.
Please help. I feel like I have no rights.

 

[IrishNodak]

This is what it says regarding entry for your state:

Right of Entry

In general, with tenant consent, a landlord has a right of entry to inspect the premises; make repairs; supply necessary or agreed services; or show the property to potential tenants, purchasers or contractors. Entry is limited to reasonable times, and two days' notice of intent to enter is required. A landlord may enter the premises without the tenant's consent if an emergency or abandonment occurs, or if the landlord obtains a court order. A landlord may not abuse his or her right of access to the premises to harass a tenant.

You asked for written notice and they complied. It sounds like they did contact their lawyer and learn the laws. They have now given you two days prior notice and the hours they've given you are "reasonable".

Hopefully, they will be done soon and go back to where they live full time. I'm sorry you are having to deal with this. I hated that about renting. What are they doing to your home that they need to be there so much?

 

[LindaP777]

What interior work are they doing all day long? New kitchen cabinets? New flooring? What?
It's weird that that would do major maintenance like this during a tenancy, unless it was absolutely necessary.

 

[Cvillecpm]

What part of "it's their PROPERTY don't you understand"?


It is their property and they obviously advised you of their times of entry and somewhere along the line, you made a stink that alerted them.

Frankly, leaving a 12 year old home alone SHOULD have gotten you a visit from Child Protective Services WITHOUT NOTICE. An adult should have been home or the child should have been with you.

Since you have not provided information on what "repairs and/or maintenance" the owners were doing, I'm going to suggest they were in fact repairing damage you did to the property especially if it included the yard.

 

[OHlandlord]

You said these owners are from out of town. They are probably only there for a maximum of 2 weeks on vacation. During this time they are trying to line up what all needs fixed and what improvements they plan on making to the property in the next year. They will probably need to get several estimates before they choose one contractor to do the jobs. Cooperate with them on this. They may have several major improvements planned for your property. (I try to do one major improvement a year on each property, and it is usually done during the summer.)

Let me ask, how often during the 10 months of you living there have you seen these people? Probably none, right? It would have been reasonable to allow them access into the property one or two days a month for the last 10 months, wouldn't it? So they need to do all the things they should have been doing all year during these 2 weeks. Consider that you've been without any distractions for the last 10 months and it balances out.

You said they filled the driveway (with gravel, concrete, pavement, blacktop sealer?). That is normal maintenance that needs to done every year or two. It would have been nice had they specifically informed you prior to doing this, but the work needs to be done and it does not affect the habitability of your house. And they did tell you they would be doing some work on the property. Postpone your yard sale until they are gone.

If you leave your children home alone and they are not comfortable letting in the owner of the property, you shouldn't leave them home alone this week. Have your daughter learn to close her window shades when she is changing. (She should be doing this anyways!) Specifically mention the hole in the fence to the owners so they can fix it. (This is the type of repair they are looking for while they are here and probably why they moved the rock.)

You might be inconvenienced for a couple more days. But then they will be gone back to their own home and you will be left alone again for months. Just be patient and let them make all the repairs they can during this time. Remember, your lease is probably up in only 2 months. They can refuse to renew it or can increase your rent at that time. Patience and cooperation for a few more days. I'm betting they will be gone very soon.

 

[Alithan86]

Wow

I'm surprised at some peoples responses. The issue here is a landlord who is abusing his right to entry and harassing me. Not your opinion of whether or not my 12 year old (as of yesterday 13) can stay home alone. It is LEGAL for a 12 yr old to be home alone. Geesh.

Stay on topic please. How hard is it to believe that this guy is just an ******* and PURPOSEFULLY wanting to make things difficult. He moved the rock on purpose so my dog would get out not to repair it. He was pissed when I told them they had to follow the law and give me proper 48 hour written notice. It has to say the date and reasonable times otherwise any landlord could give a written notice saying they will come and go throughout the next month, etc.

I have a picture of the driveway. He is not working on the driveway. He took up huge rocks from the rockery wall and piled it up about 5 feet high,10 feet in length, and 6 feet across. How ridiculous that I can't have a garage sale when I have paid my rent. I need to sell stuff so I can move. My move out date is 8-13th and the new tenants come in 8-15th.

Here is the RCW 59.18.150 I found.
1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors

He has already inspected the premises 3x in one week. Notice how it says necessary of agreed repairs etc. None of this is necessary except to fix the garbage disposal. Since a new tenant has signed a lease beginning on 8/15th obviously they don't need to show it. For contractors they still need to give a 48 hr written notice and give reasonable times.

Here is the rest of the law that he is in violation of:

(5) The landlord shall not abuse the right of access or use it to harass the tenant. Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of his or her intent to enter and shall enter only at reasonable times. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit.

(6) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant.

He has abused the right to access, interfered with my right to quiet enjoyment and accessed at unreasonable times.
I have spoken with a lawyer and know that I can sue in small claims court for entry violations & breaching warranty of quiet enjoyment. I just need to decide if it is worth dealing with them any longer after I move out. My decision will be based on whether or not they interfere with me moving out this weekend. These people are downright nasty and I would not put it past them to block all access (with their vehicles, they come with 3-4 each time) so I can't get a moving truck in.

 

[Alaska landlord]

If you came here for looking for unanimous consensus on your opinion of what constitutes abusive entry and breach of quiet enjoyment you are not going to find it. Continuing to argue you point is non productive and unlikely to change your situation in anyway. You came here looking for advice and it has been given.

The work will continue and if you choose to hold your garage sale while repairs are being conducted, then you will have to have deal with the inconvenience you choose to place upon yourself.

 

[Who's Liable?]

I'm surprised at some peoples responses. The issue here is a landlord who is abusing his right to entry and harassing me. Not your opinion of whether or not my 12 year old (as of yesterday 13) can stay home alone. It is LEGAL for a 12 yr old to be home alone. Geesh.

Stay on topic please. How hard is it to believe that this guy is just an ******* and PURPOSEFULLY wanting to make things difficult. He moved the rock on purpose so my dog would get out not to repair it. He was pissed when I told them they had to follow the law and give me proper 48 hour written notice. It has to say the date and reasonable times otherwise any landlord could give a written notice saying they will come and go throughout the next month, etc.

I have a picture of the driveway. He is not working on the driveway. He took up huge rocks from the rockery wall and piled it up about 5 feet high,10 feet in length, and 6 feet across. How ridiculous that I can't have a garage sale when I have paid my rent. I need to sell stuff so I can move. My move out date is 8-13th and the new tenants come in 8-15th.

Here is the RCW 59.18.150 I found.
1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors

He has already inspected the premises 3x in one week. Notice how it says necessary of agreed repairs etc. None of this is necessary except to fix the garbage disposal. Since a new tenant has signed a lease beginning on 8/15th obviously they don't need to show it. For contractors they still need to give a 48 hr written notice and give reasonable times.

Here is the rest of the law that he is in violation of:

(5) The landlord shall not abuse the right of access or use it to harass the tenant. Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of his or her intent to enter and shall enter only at reasonable times. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit.

(6) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant.

He has abused the right to access, interfered with my right to quiet enjoyment and accessed at unreasonable times.
I have spoken with a lawyer and know that I can sue in small claims court for entry violations & breaching warranty of quiet enjoyment. I just need to decide if it is worth dealing with them any longer after I move out. My decision will be based on whether or not they interfere with me moving out this weekend. These people are downright nasty and I would not put it past them to block all access (with their vehicles, they come with 3-4 each time) so I can't get a moving truck in.

And you're done... good luck solving this on your own...

 

[Alaska landlord]

He has already inspected the premises 3x in one week. Notice how it says necessary of agreed repairs etc. None of this is necessary except to fix the garbage disposal. Since a new tenant has signed a lease beginning on 8/15th obviously they don't need to show it. For contractors they still need to give a 48 hr written notice and give reasonable times.

And you are qualified to make that decision?

make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors