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Landlord abusing access

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karamarie

Junior Member
What is the name of your state? Tennessee

Maintenance entered the apartment when I was asleep. -----
I needed my shower fixed, which took 4 attempts and almost a year for them to do, and on the fourth attempt the maintenance said they were too busy to do it that day and would have to fix it within the next 2 weeks. A week later, I was asleep in the morning around 9am. Maintenance knocked on the door and I didn't hear it. The man used his key, entered my apartment and my room. I wasn't dressed but luckily was under the blanket. I've complained before that they cannot come in unless I let them in. But they are not listening.
A few weeks later I recieved a note on my door that they were going to replace some electrical. I only recieved the notice the evening before (less than 12 hours notice). I was asleep around 9am and had put a note on my door to that fact and that they would have to come again. They were doing everyones unit's and should have been able to come back especially since they gave less than 12 hours notice. It was not an emergency. Anyways, my 7 year old son was in the livingroom in underwear and a robe. Maintenance knocked on the door and with no answer came in with their key. My son asked why they were there and asked them to leave stating that I was asleep. They refused to leave and did their work. I woke up later and found out what happened. I still don't know who was there and with my son. They could have done something to him or taken him and I wouldn't even have known who did it or what happened.
Management says they were right to come in and I have to let them do it. What can I do? Can I move? My lease is for 9 more months. Should I warn them in a certified letter not to do it again or else? I looked up my rights and to me it seems that they cannot do this, but they say reasonable access is them coming in after knocking. I don't want them to come in unless I open the door except emergencies. Please Help.
My lease says only that "Lessor shall have such rights to access the Premises as are given by law, including the right to enter..in emergency...Lessee shall not unreasonably withhold consent..." They said I can talk to their lawyer and that he will be calling me. Help!!!!
 


Hot Topic

Senior Member
Maintenance told you that they would fix the showe "within the next two weeks." They came back a week later, which is within the next two weeks, and you were upset because they did what they told you they were going to do.

You want things done, but not unless it's always convenient for you. They're maintenance workers, not servants.

You have no grounds to break your lease.
 

karamarie

Junior Member
Re: access

I have been really reasonable with them but when I have to go weeks on end wondering if some man will be in my apartment when I come out of the shower etc. that's just too much. All I've asked is that they tell me or call me when they are going to come. I'm usually always home and can be home if I know they are coming. I think it's unreasonable for them to come in whenever they want, especially when they give me the run around on fixing things. The only reason they actually kinda fixed the shower is because we started to get a spot in the celing that looked like it was going to cave in because of a water leak and mold. We have lots of other maintenance needed and I'm afraid to call again about the things, I just want to have my privacy and not worry about men in my apartment unannounced. Can you address what reasonable access means.
Here is the law I saw:

If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney's fees.

I think it was unreasonable....
 

karamarie

Junior Member
Maintenance told you that they would fix the showe "within the next two weeks." They came back a week later, which is within the next two weeks, and you were upset because they did what they told you they were going to do.

You want things done, but not unless it's always convenient for you. They're maintenance workers, not servants.

You have no grounds to break your lease.
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Also this was after over a year of trying to get them to fix it right (4 attempt, the other times they patched the shower instead of checking for the real problem) and they were suppossed to call to let me know when they would come. If I send them a certified letter warning them of what I expect per law, can I break the lease if they do this again?
 

LindaP777

Senior Member
If I send them a certified letter warning them of what I expect per law, can I break the lease if they do this again?
You can certainly pack your bags and leave anytime you wish, but here's what would happen. You would give written notice to leave, they would say you can't. And to be all legit, like, it would all be in writing, mailed, CRR. You leave anyway. They send you an itemized list of "damages", including rent up and until a new tenant was found to replace you. This may end up by being several months worth of rent. So then you either sue them for your security deposit back, or they sue you for future rent, but either way, the decision on whether or not you can legally break your lease will rest in the hands of the judge assigned to your case. He will look at all the evidence you present and all the evidence they present. Were any of your notices in writing or just verbal? If in writing, do you have proof you sent them? You may have a tough time presenting your case with out hard proof.
 

karamarie

Junior Member
You can certainly pack your bags and leave anytime you wish, but here's what would happen. You would give written notice to leave, they would say you can't. And to be all legit, like, it would all be in writing, mailed, CRR. You leave anyway. They send you an itemized list of "damages", including rent up and until a new tenant was found to replace you. This may end up by being several months worth of rent. So then you either sue them for your security deposit back, or they sue you for future rent, but either way, the decision on whether or not you can legally break your lease will rest in the hands of the judge assigned to your case. He will look at all the evidence you present and all the evidence they present. Were any of your notices in writing or just verbal? If in writing, do you have proof you sent them? You may have a tough time presenting your case with out hard proof.
Thanks for the advice! It looks like what I should do is send a certified letter explaining my concerns and what I expect from the landlord and maintenece staff (per law) and also itemize the maintenance that we still need done (we have an old apartment that needs a lot of work). I'll also include the law in the letter that talks about our right to leave if they abuse their access. Then if they do it again I will send them another notice that we are leaving. Our deposit is only $100 so I'm not worried about that, but I don't want them to sue me and win. I haven't sent them any formal letters regarding the maintenance, but I will from now on. I definitly don't want to get stuck with a bill for all the things wrong in this apartment that aren't our fault. If there is something else I should also do to cover myself let me know.
 

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